Pursuant to the judgment of the Supreme Court in the petition filed by Senior Advocate Indira Jaising, the Kerala High Court has framed new Rules to govern designation of lawyers as Senior Advocates..The new Rules titled, ‘The High Court of Kerala (Designation of Senior Advocates) Rules, 2018’ (Senior Designation Rules) contemplate three modes in which designation of a lawyer can be initiated. This is as laid down in Rule 3..On his/her name being proposed by the Chief Justice or any judge of the Kerala High CourtOn his/her name being recommended by any two Senior Advocates practicing in the Kerala High CourtOn an application made by the concerned advocate and endorsed by two Senior Advocates practicing in the Kerala High Court.Rule 4 mandates a minimum practice period of ten years for being eligible for the gown. Further, the concerned advocate should have been an income tax assessee for a minimum period of ten years..In keeping with the judgment in Indira Jaising’s case, the Senior Designation Rules provide for the establishment of a permanent committee known as ‘Committee for Designation of Senior Advocates’..The Secretariat of the Registrar General of the High Court shall be the Secretariat of the Committee. This Secretariat shall receive and process all the applications/ recommendations/ proposals for designation and submit a report to the Committee on each application/ recommendation/ proposal..The Committee will then consider the report of the Secretariat and after taking into account the views of the Bar and interaction with the concerned advocate, make an overall assessment of the concerned advocate before placing its recommendations before the Full Court of the High Court..The proposal/ application/ recommendation shall then be taken up by the Full Court and will be considered as accepted, if two-third of the judges present and voting favour the proposal. If a proposal/ recommendation is turned down, then such a proposal/ recommendation/ application shall be considered afresh only after two years and only on receipt of fresh proposal/ recommendation/ application..Importantly, Rule 6(4) of the Rules provides that canvassing in any form shall disqualify the advocate concerned from being designated..Interestingly, the Rules will also govern pending applications. Thus, pending applications will be returned so that the concerned advocate can apply afresh as per the new Rules..Read the Rules below.
Pursuant to the judgment of the Supreme Court in the petition filed by Senior Advocate Indira Jaising, the Kerala High Court has framed new Rules to govern designation of lawyers as Senior Advocates..The new Rules titled, ‘The High Court of Kerala (Designation of Senior Advocates) Rules, 2018’ (Senior Designation Rules) contemplate three modes in which designation of a lawyer can be initiated. This is as laid down in Rule 3..On his/her name being proposed by the Chief Justice or any judge of the Kerala High CourtOn his/her name being recommended by any two Senior Advocates practicing in the Kerala High CourtOn an application made by the concerned advocate and endorsed by two Senior Advocates practicing in the Kerala High Court.Rule 4 mandates a minimum practice period of ten years for being eligible for the gown. Further, the concerned advocate should have been an income tax assessee for a minimum period of ten years..In keeping with the judgment in Indira Jaising’s case, the Senior Designation Rules provide for the establishment of a permanent committee known as ‘Committee for Designation of Senior Advocates’..The Secretariat of the Registrar General of the High Court shall be the Secretariat of the Committee. This Secretariat shall receive and process all the applications/ recommendations/ proposals for designation and submit a report to the Committee on each application/ recommendation/ proposal..The Committee will then consider the report of the Secretariat and after taking into account the views of the Bar and interaction with the concerned advocate, make an overall assessment of the concerned advocate before placing its recommendations before the Full Court of the High Court..The proposal/ application/ recommendation shall then be taken up by the Full Court and will be considered as accepted, if two-third of the judges present and voting favour the proposal. If a proposal/ recommendation is turned down, then such a proposal/ recommendation/ application shall be considered afresh only after two years and only on receipt of fresh proposal/ recommendation/ application..Importantly, Rule 6(4) of the Rules provides that canvassing in any form shall disqualify the advocate concerned from being designated..Interestingly, the Rules will also govern pending applications. Thus, pending applications will be returned so that the concerned advocate can apply afresh as per the new Rules..Read the Rules below.