Delhi High Court notifies new rules for Senior Advocate designation; conduct, ethics, pro bono work made factors

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

As per the new rules, an advocate's fairness, courtroom conduct, professional ethics, role as a mentor to junior advocates, pro bono work and standing in the legal fraternity will be taken into account while considering conferment of gown.

Pertinently, the new rules have done away with the committee for designating Senior Advocates which was provided under the earlier rules.

Under the new rules, a permanent secretariat headed by an officer of the rank of registrar will oversee the designation process and the designation will be decided directly by the full court.

The secretariat will initiate the process at least once every year by inviting applications, with the notice to be published on the High Court's website and communicated to the Delhi High Court Bar Association (DHCBA). Applicants will be given at least 21 days to apply. 

An advocate must ordinarily have at least 10 years of practice, should be enrolled with a Bar Council and should have mainly practised before the High Court, trial and district courts or specialised tribunals. The advocate must also be at least 40 years old, unless the full court relaxes the age requirement.

The minimum practice requirement will not apply to former Delhi Higher Judicial Service (DHJS) officers who have less than 10 years of cumulative experience as judicial officers and/or at the Bar. 

“Canvassing by a nominee for designation as a Senior Advocate shall disqualify him for being so designated,” the rules state. 

The designation process can be initiated either suo motu by the full court or through an application made by an eligible advocate.

After applications are received, the permanent secretariat will publish the names of applicants 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 the collection of information by the Permanent Secretariat, all the applications of the candidates found to be eligible along with relevant documents will be submitted to the Full Court with the approval of Hon’ble the Chief Justice,” the rules say. 

The full court may consider factors including an advocate's fairness, courtroom conduct, professional ethics, role as a mentor to junior advocates, pro bono work and standing in the legal fraternity. The rules state that the full court need not record reasons for its decision. 

Further, the full court will endeavour to decide designations by consensus. If consensus is not reached, voting may be undertaken, with the decision requiring a two-thirds majority of the judges who have voted. The full court may also decide whether voting should be through secret ballot. 

Advocates whose applications are rejected will be ineligible for consideration for two years after which they may seek review or reconsideration through the prescribed procedure. 

The full court can also recall a Senior Advocate's designation after giving the advocate an opportunity of hearing. 

[Read Rules]