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Indira Jaising v. Supreme Court of India through Secretary General & Ors.

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 454 of 2015)Decided 2 Jan 2017
Writ Petition (Civil) No. 454 of 2015
Chief Justice T.S. Thakur · Dr. Justice D.Y. Chandrachud · Justice L. Nageswara Rao

Background

This order does not decide the main case. The writ petition challenged the procedure for designating Senior Advocates. The Court had heard arguments and reserved the matter on 21 October 2016, after which an intervenor asked for that order to be recalled. He said a large section of non-designated lawyers had not been fully heard and that a related challenge to Sections 16 and 23(5) of the Advocates Act was pending in the Delhi High Court.

Decision Breakdown

This is not a final decision on the main case. The Court allowed the recall application and transferred the Delhi High Court petition to itself so that both could be heard together. It listed both matters for fresh final hearing in February 2017. It made no finding on the validity or fairness of the designation procedure.

Lesson Learnt

There is no final ruling yet on whether the procedure for designating Senior Advocates is fair. The Court can recall a reserved matter so that those affected are fully heard.

Official source (sci.gov.in)View Judgment (PDF)

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