Supreme Court Prepares to Appoint Senior Advocates Ahead of Parliamentary Elections

With less than a month remaining before the House of Representatives elections, the Supreme Court has begun preparations to confer the title of Senior Advocate on practicing lawyers. Despite objections from some justices, Chief Justice Prakashman Singh Raut has formed a committee under the leadership of Justice Sharanga Subedi. The committee also includes Supreme Court justices Nripadhwaj Niraula, Bal Krishna Dhakal, Meghraj Pokharel, among others.

A few days ago, during a full court meeting of the Supreme Court (attended by all justices), Chief Justice Raut proposed the formation of a committee to distribute Senior Advocate certificates. Immediately after the proposal, some justices advised against rushing the process, arguing that forming such a committee close to elections could send a negative message.

Those justices expressed concern that many active lawyers have political affiliations or involvement, and awarding the Senior Advocate title near election time could raise questions about neutrality and impartiality. Instead, they suggested reviewing and revising the criteria for granting the title. However, according to sources present at the full court meeting, the Chief Justice proceeded with forming the committee despite these concerns.

About two years ago, a report recommending Senior Advocate status for around 150 lawyers was submitted to the Supreme Court. That committee was chaired by then-Justice Prakashman Singh Raut, with members Sapana Malla Pradhan, Prakash Kumar Dhungana, and Kumar Regmi. Earlier, in Shrawan 2074 BS, during the tenure of then Chief Justice Gopal Parajuli, the Supreme Court awarded the title to 272 advocates, a move that drew heavy criticism for alleged arbitrariness. Following the backlash, formal criteria for Senior Advocate appointments were introduced in 2077 BS.

Under current rules, lawyers who have practiced in the Supreme Court or High Courts for at least 15 years are eligible for the title. After criticism of merely counting years since obtaining a license, the court revised the criteria to require proof of 15 years of active legal practice along with submission of judgments from cases argued by the applicant.

However, some justices believe these criteria have led to new distortions, noting a growing tendency among lawyers to add their names to case filings or claim participation in hearings merely to meet eligibility requirements. They argue that the quality of legal advocacy and meaningful contribution to justice delivery should also be included in the evaluation standards.

According to existing provisions, lawyers engaged full-time in other professions or working in government bodies, public institutions, or universities are not eligible for the Senior Advocate title. However, this restriction does not apply to those involved in legal practice alongside teaching.

As per the Legal Practitioners Act, the title of Senior Advocate is awarded as a mark of honor to lawyers who have shown continuous commitment to the profession. The practice of awarding this title began in 2013 BS, and the final decision is made by the full court of the Supreme Court. Internationally as well, the Senior Advocate designation is conferred to recognize long-standing contributions to society and the promotion of the rule of law. A Senior Advocate is required to be accompanied by at least one advocate while arguing cases in court.