Senior Designation: Delhi HC notifies Designation of Senior Advocate Rules, 2018

In a bid to ensure transparency and objectivity, the Delhi High Court has notified The High Court of Delhi Designation of Senior Advocate Rules, 2018.

The Rules follow the direction of the Supreme Court in Indira Jaising‘s petition seeking uniform criterion for Senior Designations.

The Rules will replace with existing 2012 Rules on the designation of Senior Advocates.

The Rules seek to introduce major changes in the process of designation of Senior Advocate by the High Court.

As per the newly notified Rules, apart from having practice as an advocate for not less than 10 years before the High Court and Subordinate Courts, rendering pro-bono legal services has also been made an eligibility criterion to be designated as a Senior Advocate.

As was the practice before, the eligibility condition with regard to minimum standing as a practising advocate shall not apply to retired Judicial Officers of Delhi or those who have resigned and have service and/or practice of 10 years to their credit. It shall also not apply to retired High Court Judges.

The Rules provide for constitution of a Committee to deal with all matters relating to designation of Senior Advocates. The Committee shall consist of two Senior-most Judges of the High Court,  Additional Solicitor General of India for the High Court, a nominee of the Administrative Committee of the High Court out of the names of three Senior Advocates given by the Delhi Government and a nominated member of the Bar who shall be nominated by the Administrative Committee of the High Court.

An advocate may be considered by the High Court for being designated as Senior Advocate either through a Suo Motu action by the High Court or on a Joint Proposal by Senior Advocates.

On receipt of all proposals, a Secretariat constituted as per the Rules will collect data and information of the advocates. This information will pertain to the advocate’s reputation, conduct, integrity, participation in pro-bono work, the number of reported judgments in which the advocates appeared for the last five years etc. The data will then be placed before the Committee.

Additionally, the proposals will also be published on the official website of the High Court, inviting suggestions/ views of other stakeholders on his / her proposed designation within four weeks or such other period as may be prescribed by the Committee.

After receiving all the due information, the Committee will examine each proposal and make its overall assessment of the concerned advocate on the basis of a notified ‘point-based format’. The process will also include an interview.

All names along with the overall assessment report will then be submitted to the Full Court. In a significant departure from the 2012 Rules, the Full Court may not resort to voting by secret ballot, except when unavoidable.

On the approval of the name of the advocate(s) by the Full Court, the Chief Justice shall designate such an advocate as a Senior Advocate under Section 16 (2) of the Advocates’ Act, 1961.

Once a name is rejected, it would be ineligible for being recommended for designation as a Senior Advocate for a period of two years, as opposed to the earlier cooling off period of one year.

The Rules further add that the decision of the Full Court in respect of the advocate(s) concerned may be reviewed/reconsidered by following the due procedure.

If a Senior Advocate is found guilty of conduct which according to the Full Court disentitles him/her to continue to be worthy of the designation, the Full Court may review its decision to designate the concerned person and recall the same.

The Rules also provide for a Proforma of Bio-data, consent and undertaking.

The Rules are notified pursuant to the exercise of the powers conferred by Section 7 of the Delhi High Court Act, 1966, Section 16(2) of the Advocates Act, 1961 and all other powers enabling it in this behalf. The Rules would be inserted as amendments in Chapter 6-L, Volume V of the Delhi High Court Rules & Orders.

Read the 2018 Rules :