Delhi High Court Notifies New Rules For Senior Advocates Designation, Fresh Process To Be Initiated At Least Once A Year
The Delhi High Court has notified new rules laying down a revised framework for the designation of Senior Advocates.
The High Court of Delhi Designation of Senior Advocate Rules, 2026, notified on September 03, have been framed under Section 7 of the Delhi High Court Act, 1966 and Section 16(2) of the Advocates Act, 1961. They replace the Rules notified by the High Court in March 2024.
Under the new framework, a “Permanent Secretariat” headed by an officer of the rank of Registrar, will oversee the process.
The Permanent Secretariat will initiate the process for designation of Senior Advocates “at least once every year” by inviting applications from Advocates for designation as Senior Advocates.
The notice inviting applications from Advocates will be published on the official website of the High Court. In addition, intimation will also be given to the Delhi High Court Bar Association.
“At least twenty-one days' time shall be given to applicants to submit their applications. An Advocate seeking designation as a Senior Advocate would have to apply in the format attached to these Rules,” the Rules state.
The Rules provide that an advocate would ordinarily be eligible for designation as Senior Advocate if he or she has practised as an advocate for at least 10 years, been enrolled with a Bar Council constituted under the Advocates Act, mainly practised in the High Court, Trial and District Courts or specialised Tribunals; and attained the age of 40 years, unless the Full Court relaxes the age requirement.
The minimum standing requirement will not apply to former Delhi Higher Judicial Service officers who do not have 10 years of cumulative experience as Delhi Higher Judicial Service officers or practice at the Bar.
The Rules also specifically provide that canvassing by a nominee for designation as Senior Advocate will result in disqualification.
An eligible advocate may be considered by the Full Court either suo motu, subject to the advocate's consent, or on the basis of an application submitted by the advocate.
After receiving applications, the Permanent Secretariat will publish the names of applicants on the High Court's website and invite suggestions and views from stakeholders within four weeks.
In cases involving advocates practising before specialised Tribunals or Trial and District Courts, the views of the concerned Tribunal Chairpersons and Principal District and Sessions Judges may also be sought.
The Secretariat will thereafter compile a database of the applicants and place eligible applications, along with relevant documents, before the Full Court with the approval of the Chief Justice.
Further, the Rules lay down several qualities which the Full Court may consider while deciding whether an advocate should be designated as a Senior Advocate.
These include whether the advocate is fair while conducting cases, maintains respectful behaviour towards Judges and members of the Bar, observes courtroom decorum and acts first as an officer of the Court and thereafter as a mouthpiece of the client.
“The Full Court shall not be required to record reasons for its decision(s), though it may endeavour to make the process inclusive by giving equal opportunity to all members of the Bar who belong to different classes and by encouraging first generation Advocates,” the Rules state.
The Full Court will endeavour to arrive at a decision by consensus. If consensus is not reached, the decision may be taken through voting.
The Full Court has to decide whether a secret ballot is warranted in a particular case. Where voting takes place, the decision will require a two-thirds majority of the Judges who have voted. The final decision will be communicated individually to all applicants.
Once the Full Court approves an advocate's name, the Chief Justice will designate the advocate as a Senior Advocate under Section 16(2) of the Advocates Act.
An advocate whose proposal for designation is not favourably considered by the Full Court will be ineligible for recommendation for designation as Senior Advocate for two years from the date of the decision.
The Rules also empower the Full Court to recall the designation of a Senior Advocate if the advocate is found guilty of conduct which, in the view of the Full Court, makes the person unworthy of continuing with the designation. However, an opportunity of hearing must be provided before such action is taken.