Senior designation is not knighthood: KHCAA suggests changes to draft Kerala High Court designation rules

The Kerala High Court Advocates' Association has written to the Kerala High Court Registrar suggesting amendments to the recently published Draft High Court of Kerala (Designation of Senior Advocates) Rules, 2025.

Pertinent among the suggestions is with respect to a list of obligations for Senior Advocates to carry on once they are designated as such

The KHCAA argued that conferment of Senior gown is not like 'knighthood', and that the Senior Advocate tag must come not only with privileges but also continuous obligations to the larger legal community such as employing junior advocates, taking on pro bono work and contributing to Bar Association funds.

"The designation of 'Senior Advocates' is not like a grant of 'Knighthood'. Being 'Senior Advocates' is a continuing responsibility and therefore, the obligations of the 'Senior Advocates' should be a continuing obligation...In the absence of 'Additional Responsibilities', grant of only 'privileges' for 'senior advocates' would be discriminatory and will hit at the heart of Article 14 of the Constitution," KHCAA's letter stated.

The Bar body, therefore, proposed insert of the following to the rules:

"Rule 4A: Obligations of Senior Advocates"

1. The Senior advocates shall have the following obligations:

• Engaging and Maintaining Junior Advocates: Senior Advocates practicing before the High Court / District Judiciary shall maintain atleast 4 junior advocates (Advocates with less than 10 years practice) at all times and pay them monthly stipends which shouldnot be below the stipends recommended by the Bar Council of India/Bar Council of Kerala.

• Pro Bono Work: During every calender year, the Senior Advocates practicing before the High Court/ District judiciary shall take up pro bono work and conduct not less than 4 matters before the High Court or any courts in the District as the case may be.

• Publications / Lectures : Every Senior Advocate shall publish atleast 4 articles in any Law Journal, Legal publications, newspapers etc or one book every calendar year and shall give not less than 2 lectures on any subject related to law at the Bar Association or any of the law Schools.

2. Senior advocates shall not appear before any court / tribunal to 'mention'any matter.

3. Senior Advocates shall not seek 'adjournment' of any matter that is listed and/or called for hearing.

4. Senior Advocates shall not file vakalath and shall appear along with any other advocate who files the vakalath who shall file a memo of appearance for the Senior Advocate.

5. Senior Advocates will not refuse guidance to any member of the Bar who seeks their guidance.

6. Senior Advocates shall contribute ₹5,000 every month to the High Court Advocates' Association or the District Association as the case may be and these amounts shall be maintained in a separate account by the Association to be used only for the purpose of maintaining library and/or promote research activities.

KHCAA suggested that the obligations in sub-rule 1 be made mandatory to Senior Advocates until they attain the age of 65. It also suggested that Bar Associations be given the discretion to relax the requirements in sub-rule 1 if a Senior Advocate has health issues or has served as a judicial officer for at least 10 years.

Pertinently, KHCAA has sought to add a consequential amendment in Rule 13 on the revocation of Senior designation to make non-compliance with the obligations in the proposed Rule 4A as a ground for stripping Senior designation.

Another suggestion is on disclosure of number of juniors trained by the concerned candidate which should be given the highest weightage while considering designation.

For the sake of uniformity with the rules of designation notified by other High Courts and the Supreme Court, KHCAA also suggested that the requirement for producing reported judgments "from the last 5 years" be deleted.

"In any case, the designation of the Senior Advocates is based on his achievements as an advocate throughout his career and for that reason he/she ought not to be judged by the reported Judgments of the immediately preceding 5 years," the letter stated.

Interestingly, KHCAA stated that these recommendations are particularly significant for Kerala and KHCAA as those designated as Senior Advocates become members of the Kerala High Court Senior Advocates Association. They then donate funds to this "unrecognised organisation", KHCAA alleged.

"This means that by designating 'senior advocates', instead of contributing to the development of the Bar, the senior advocates choke the Bar Association of the 'funds' which is detrimental to the future of Bar Association and will create a different 'class' of advocates that would directly hit at the very heart of Article 14 of the Constitution as the designation while creating a distinct class fails to have any nexus with the objects sought to be achieved" KHCAAs letter stated.

[Read Draft High Court of Kerala (Designation of Senior Advocates) Rules, 2025]