Indira Jaising Vs Supreme Court Of India Through Secretary General and Ors. 2017 3 SC

Author : ARTHI M

CITATION

PETITION (C) NO. 454 OF 2O15

BENCH

HON’BLE MR JUSTICE RANJAN GOGOI, J.

INTRODUCTION

The  Petitioner in Writ Petition © No. 454 of 2015 is a Senior Advocate designed by the high court of Bombay in the year 1986.She has been in practice in the Supreme court of India for last two several decades and has also served  as  solicitor general of union of India. The perception of the petitioner is that the present system of designation of senior advocates in the supreme court of India is flawed and the system needs to be rectified and acceptable parameters laid down has led to the institution of writ petition (C) No. 454 of 2015.

FACTS

The petitioner has prayed in writ petition of mandamus to issue  a writ  order declaring that the system of designation of senior advocate by recently introduced method of vote which is arbitary and violating article 14,15,21 and which is unconstitutional ,void and null.

Secondly to issue order or direction for appointment of a permanent selection committee with secretariat headed by a lay person.

Thirdly to issue order or direction directing the Respondent no 1 representing the chief justice and judges of supreme court to appoint a search committee to  identify the advocates to conduct public interest litigation.

Fourthly to issue order or direction directing the Respondent no 1 to frame guidelines for preparation of Assessment report.

ISSUES AND FACTS OF LAWS

  • Whether writ of mandamus can be issued for appointment of permanent selection committee?
  • Whether writ of mandamus can be issued for conducting a public interest litigation?
  • Whether writ of mandamus can be issued for preparation of assessment report?

JUDGMENT

Hon’ble Justice Ranjan Gogoi  pronounced the judgment of the Bench comprising his Loardship,  Hon’ble Mr.Justice Rohinton Fali Nariman and Hon’ble Mr.Justice Navin Sinha.

The writ petitions and transferred case are disposed of in terms of the signed reportable Judgment.

ANALYSIS

Later on the high court of Bombay has published a a notification on the 28th of  August 2013, and has crystallized the procedure in order to designate advocates as a senior advocate.