Delhi HC Notifies New Rules for Senior Advocate Designation

The Delhi High Court has notified new rules governing the designation of lawyers as Senior Advocates, replacing its March 2024 framework.

What has changed in the designation process?

The new rules remove the committee for designating Senior Advocates that existed under the earlier framework. Instead, a permanent secretariat headed by an officer of the rank of registrar will oversee the process, while the full court will directly decide on designations.

The secretariat will initiate the process at least once every year by inviting applications. The notice will be published on the High Court’s website and communicated to the Delhi High Court Bar Association. Applicants must be given at least 21 days to submit their applications.

The process may be initiated either suo motu by the full court or through an application filed by an eligible advocate.

Who will be eligible to apply?

An advocate must ordinarily have at least 10 years of practice, be enrolled with a Bar Council and have mainly practised before the High Court, trial and district courts or specialised tribunals.

Applicants must also ordinarily be at least 40 years old, although the full court may relax the age requirement. The minimum practice requirement will not apply to former Delhi Higher Judicial Service officers who have less than 10 years of cumulative experience as judicial officers and/or at the Bar.

The rules also state that canvassing by a nominee for designation as a Senior Advocate will disqualify that person from being designated.

How will applications be examined?

After applications are received, the permanent secretariat will publish applicants’ names on the High Court website and invite suggestions and views from stakeholders within four weeks.

For advocates practising before specialised tribunals and trial or district courts, views may also be sought from tribunal chairpersons and Principal District and Sessions Judges.

After collecting the relevant information, applications of candidates found eligible, along with supporting documents, will be submitted to the full court with the approval of the Chief Justice.

What factors will the full court consider?

The full court may consider an advocate’s fairness, courtroom conduct, professional ethics, role as a mentor to junior advocates, pro bono work and standing in the legal fraternity while deciding whether to confer Senior Advocate designation.

The rules state that the full court need not record reasons for its decision. It will endeavour to decide designations through consensus. Where consensus cannot be reached, voting may be conducted, with a decision requiring a two-thirds majority of judges who have voted. The full court may also determine whether voting should take place through a secret ballot.

What happens after a decision?

Advocates whose applications are rejected will be ineligible for consideration for two years. After that period, they may seek review or reconsideration through the prescribed procedure.

The new framework also gives the full court the power to recall a Senior Advocate’s designation after providing the advocate with an opportunity of hearing.

The rules place professional conduct and contribution to the legal profession alongside experience in the assessment process. By transferring the final decision directly to the full court and assigning administrative responsibility to a permanent secretariat, the framework establishes a revised procedure for future Senior Advocate designations in the Delhi High Court.