The Department of Legal Affairs under the Ministry of Law and Justice has issued new guidelines governing the empanelment of advocates as Panel Counsel representing the Union of India before the Supreme Court, High Courts, subordinate courts, tribunals and other forums.
The guidelines were issued through an Office Memorandum dated August 20, 2026, from the Judicial Section of the Department of Legal Affairs. The Department has said that it is mandated to conduct litigation on behalf of the Union before various courts, tribunals and forums and generally empanels advocates for a period of three years.
Eligibility criteria
Under the new framework, an applicant must possess a Bachelor's degree in law from a university or college recognised by the Bar Council of India and must be enrolled with the relevant State Bar Council under the Advocates Act, 1961.
Applicants must also have qualified the All-India Bar Examination (AIBE) and obtained a Certificate of Practice.
The guidelines further provide that advocates will be considered for empanelment based on their experience of legal practice, with the nature, complexity and category of cases handled, the level of responsibility involved and the advocate's ability to conduct high-stakes matters being taken into account.
Advocates with experience in specialised areas such as Income Tax, Customs, GST and PMLA may be considered for specialised panels representing the Union before courts, tribunals and quasi-judicial forums. Advocates with at least 10 years of experience in legal work during Government service may also be considered based on their area of expertise.
The Department will additionally consider an advocate's overall performance record, conduct and integrity during the empanelment process.
Five years' practice for Group A counsel before Supreme Court
For the Supreme Court of India, the guidelines prescribe a minimum of five years of legal practice for Group 'A' Panel Counsel, four years for Group 'B' Panel Counsel and three years for Group 'C' Panel Counsel.
The experience requirement is not the sole criterion. The Department will also consider the nature, complexity and category of cases handled by an advocate, the level of responsibility involved and the advocate's ability to conduct high-stakes matters.
10 years for Deputy Solicitor General posts in most High Courts
For a number of High Courts, the guidelines prescribe 10 years of legal practice for the post of Deputy Solicitor General, followed by five years for Senior Panel Counsel and four years for Central Government Counsel.
This three-tier structure is prescribed for several High Courts, including the Andhra Pradesh High Court, the benches of the Bombay High Court at Nagpur, Aurangabad, Panaji and Kolhapur, and the High Courts of Chhattisgarh, Gauhati, Gujarat, Himachal Pradesh, Jammu & Kashmir and Ladakh, Jharkhand, Karnataka, Kerala and Madhya Pradesh.
The same 10-5-4 year structure is prescribed for several other High Courts, including Madras, Manipur, Meghalaya, Orissa, Patna, Punjab & Haryana, Rajasthan, Sikkim, Telangana, Tripura and Uttarakhand.
Grounds for de-empanelment
The Central Government may de-empanel an advocate at any time for acting contrary to instructions, failing to return briefs, misappropriation of money such as court fees or costs, contempt of court, professional misconduct or conviction by a court of law.
An advocate seeking to resign from the panel is required to give at least one month's prior written notice to the Central Government. Upon resignation, expiry, termination or non-renewal of empanelment, the advocate must return original case files, records, documents, briefs and other property belonging to the concerned Ministry, Department or organisation.
The guidelines also require an orderly handover of pending matters within 15 days from commencement of the notice period or from the date of expiry, termination or non-renewal, as applicable. The one-month notice requirement may be relaxed with the approval of the competent authority.
The guidelines have come into effect from the date of their issuance. However, existing empanelment of advocates as Panel Counsel notified by the Department of Legal Affairs will continue to remain valid until completion of the respective tenure.
Click here to read the Guidelines