New Delhi:According to the latest guidelines approved on Tuesday, the Full Court of the Supreme Court has decided to exclude Bar Council representatives from the Senior Advocate Selection Committee, marking a shift from the practice since 2017.
The full court of the Supreme Court has decided to exclude the representatives of the Bar Council from the selection committee of senior lawyersThe new rules, titled “Guidelines for Posts of Senior Advocates of the Supreme Court of India, 2026”, released by the apex court on Wednesday, introduce changes in the appointment process as outlined by a three-judge bench decision dated May 13, 2025.
The 2026 directive removes point-based evaluation and limits the committee to the chief justice and two senior-most judges.
Under the previous guidelines, the designation was recommended by a Standing Committee of the Supreme Court, comprising the Chief Justice of India (CJI), two senior-most judges of the apex court and two lawyer representatives – the Attorney General and a distinguished senior lawyer from the Bar Council of India, jointly selected by the remaining four members.
Although the May 2025 ruling did not mandate changes in the composition of the committee, it strongly supported the reconsideration of keeping lawyers out of the process. The full court, comprising the CJI and all judges of the apex court, met on Tuesday and decided to limit the composition of the committee to the CJI and the two senior-most judges. The committee will also determine the composition of a permanent secretariat to assist in this process.
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Senior Advocates are designated under Section 16 of the Advocates Act, 1961. It is an honor conferred by the High Court or the Supreme Court on lawyers with eminent standing, merit and knowledge or experience of law.
In 2017, following the judicial decision in the Indira Jaising case, a committee replaced the full court in determining senior advocate designation based on point-based objective criteria. This included years of experience, contributions to judgments, publications and expertise in any area of law.
In 2023, the Indira Jaising case was revised, and the revised guidelines remained in force until February 2025 when a two-judge bench in Jitender @ Kalla v. State questioned its effectiveness. The decision was referred to the CJI, who constituted a three-judge bench (and had the bench power of 2017) which gave the final decision in May last year.
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The May 2025 verdict ended the point system and held interviews and said that the decision to award the designation would be made by a full court of the Supreme Court or a high court. Lawyers with a minimum of 10 years at the Bar were eligible to apply, with the process of calling for senior posts at least once a year.
Regarding the composition of the committee, the judgment said, “What we have seen in the seven-and-a-half years since Indira Jaising-1 (2017), perhaps, calls for serious reconsideration of the involvement of members of the Bar in the process.”
While the 2025 judgment guidelines have been incorporated by the Full Court, the only change relates to the formation of committees and increases the eligibility of lawyers with at least 10 years of combined standing as judicial officers of any court or tribunal.
The guidelines set a minimum age of 45 years for becoming a senior advocate, which can be relaxed in appropriate cases by the Full Court. Candidates for the post will be judged on four criteria—ability, standing at the bar, specialized knowledge of the law, and no criminal antecedents.
