Kerala High Court Notifies New Rules For Designating Senior Advocates

The Kerala High Court recently notified the new rules for designating senior advocates, namely, the High Court of Kerala (Designation of Senior Advocates) Rules, 2026, which are to come into force at once.

These Rules have replaced the High Court of Kerala (Designation of Senior Advocates) Rules, 2018 in view of the Supreme Court decision in Jitender @ Kalla v. State (Govt.) of NCT of Delhi & Anr. Last year, a draft was notified by the Court and suggestions invited from the Bar.

Conditions for eligibility

A person would be eligible for designation as a senior advocate if he/she qualifies the following criteria:

• Age: At least 45 years unless the age limit is relaxed by the Full Court;
• Practice: 10 years of actual practice as an advocate or 10 years' combined standing as an Advocate and as a District and Sessions Judge or as a Judicial Member of any Tribunal in India whose qualification for eligibility for such appointment is not less than that prescribed for appointment as a District Judge, out of which 3 years standing as an Advocate shall be post retirement;
• Attained position of eminence at the Bar and maintains high standard of decorum;
• Follows the highest standards of professional etiquette and ethics;
• Acts as a mentor to the Junior Advocates;
• Participated in pro bono work;
• Not been convicted by a competent court of law for an offence involving moral turpitude or contempt of court unless purged as per law: or should not have been punished by the Bar Council of Kerala or by Bar Council of India for any act of misconduct as per Section 35(3) of the Advocates Act, 1961;
• Should have been an income-tax assessee for the last ten years as on the date of the application.

How conferred

An advocate may make an application to be considered for designation or the Full Court, by consensus, may confer the designation of Senior Advocate, suo motu, on any advocate otherwise eligible, if in the opinion of the Full Court, he/ she is a person of exceptional quality, eminence and has special expertise in any field of law.

The High Court may designate an Advocate as a Senior Advocate, if in its opinion, by virtue of his/ her ability, standing at the Bar, or special knowledge or experience in law, the said Advocate deserves conferment of such distinction.

Notice, Suggestions/Views from Members of the Bar

The notice inviting applications from Advocates shall be published in the official website of the High Court of Kerala. In addition, intimation will also be given to the High Court Advocate's Association and the Bar Associations in the State.

The Registrar General shall as soon as the applications for designation are received, cause a summary of the applications for designation to be published in the official website of the High Court of Kerala and invite suggestions/views of the members of the Bar and other stakeholders in the matter, within 30 days from the date of publication.

The suggestions/views shall be in writing, shall bear the name and full address of the sender and shall be addressed to the Registrar General of the High Court. Anonymous petitions /representations will not be entertained.

Manner of applying

All applications should be made in the manner specified in the notice issued by the High Court under rule 8 and addressed to the Registrar General. It must contain the particulars mentioned in Annexure A of the Rules.

Particulars to be mentioned

Some of the particulars to be mentioned along with the application are:

(i) A declaration by the Advocate that no recommendation/application to designate him/her as a Senior Advocate has been rejected by the Supreme Court of India or the High Court of Kerala or by any other High Court in India, within a period of two years immediately preceeding the date of notification.

(ii) List of matters in which appeared pro bono or as amicus curiae.

(iii) Details of academic articles/books published, experience of teaching assignments in the field of law, guest lectures delivered in law schools or professional institutions connected with law.

(iv) Details and timelines of practice before courts/tribunals.

(v) For advocates practicing in the High Court - (a) 5 Synopses drafted; (b) Number of reported judgments in cases in which the applicant has appeared as - (i) lead arguing counsel; and (ii) assisting counsel (only orders that lay down any principle of law).

For advocates practicing in trial courts or tribunals - Copies of 10 judgments must be submitted along with the application, of which 5 judgments must be originating from Appeal Suits or Sessions cases delivered by District and Sessions Court.

(vi) Educational/Professional qualifications.

Process

1. Scrutiny by Secretariat - All applications for designation as Senior Advocates shall be scrutinized by the Secretariat, which shall collect relevant data and information with regard to the reputation, conduct and integrity of the Advocate concerned, from such source(s), as may be decided by the Chief Justice; verify the details regarding his/her participation in pro bono work, if any and other matters referred to in the particulars furnished in terms of Rule 6(1) and prepare and submit a report to the Full Court.

2. Remarks by District Judge - In the case of lawyers practicing in the Trial courts, the High Court may obtain the remarks of the District Judge concerned with regard to the particulars mentioned above.

3. Applications placed before Full Bench - After the expiry of the period of 30 days from the date of publication of the particulars of the applicants in the official website of the High Court of Kerala, the Registrar General shall place the applications for designation before the Full Court on the orders of the Chief Justice.

The Full Court shall consider each name placed before it. An application for designation as a Senior Advocate shall be considered as accepted by the Full Court if there is consensus on designating such Advocate. In the case of an application on which there is no consensus, it shall be considered as accepted if majority of the Judges present and voting, vote in favour of such applicant. The manner of voting shall be decided by the Full Court. The final decision of the Full Court will be communicated individually to all the applicants.

4. Applications not accepted - An application for designation which is not accepted by the Full Court will be considered afresh only after the expiry of a period of two years from the date on which the application was not accepted by the Full Court and that too, only on receipt of a fresh application for designation by following the procedure applicable at that time.

All cases deferred by the Full Court shall not be considered until the expiry of the period fixed by the Full Court in its resolution

Must undertake pro bono work, offer guidance upon conferment of designation

Rule 16 says Senior Advocates, upon designation, shall undertake pro-bono work and conduct such matters before the High Court or any Court in the District Judiciary, and shall also offer guidance to any member of the Bar who seeks it.

Designation revocable

The designation of an Advocate as a Senior Advocate shall be liable to be revoked, after due notice to him/her, in the event of it being found by the Bar Council of India/Bar Council of Kerala/Bar Council of any other State that he/she has committed professional/other misconduct as per Section 35(3) of the Advocates Act, 1961 or if the High Court is satisfied that he/she has violated all or any of the provisions of the Rules framed and issued by the High Court of Kerala under sub-section (1) of Section 34 of the Advocates Act, 1961.

The designation shall also be liable to be revoked after due notice to the Senior Advocate concerned if he has done an act which in the opinion of the High Court, dis-entitles him/her to continue to be worthy of the designation or if he/she is guilty of moral turpitude or contempt of court.

The explanation offered by the Senior Advocate shall be placed before the Full Court for due deliberation and consideration. The proposal for revocation of designation shall be considered as accepted by the Full Court if two-third of the Judges present and voting, vote in favour of such revocation.

Withdrawal or Recall

An Advocate who has been designated by the High Court of Kerala as a Senior Advocate, can submit an application to withdraw or recall his/her designation as a Senior Advocate.

In the event of such an application addressed to the Registrar General being submitted, the Registrar General shall place it before the Chief Justice for appropriate orders thereon.

Notification on designation, revocation, withdrawal or recall

A record of all decisions relating to designation/revocation/ withdrawal of designation shall be maintained in the Secretariat of the Committee.

On the designation of an Advocate as a Senior Advocate or on the revocation or withdrawal of such designation, the Registrar General shall notify the said fact to the Secretary General, Supreme Court of India, other High Courts, the Bar Council of Kerala, the Bar Council of India, the Bar Councils of other States in India and to all the District and Sessions Judges subordinate to the High Court of Kerala. The notification shall also be published in the official website of the High Court and a copy thereof communicated to the Judges of the High Court.

Click to Read/Download The Rules