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 eligibilityA 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 conferredAn 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 BarThe 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 mentionedSome 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.Process1. 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...

Kerala High Court Notifies New Rules For Designating Senior Advocates

K. Salma Jennath

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K. Salma Jennath

Kerala High Court Notifies New Rules For Designating Senior Advocates

K. Salma Jennath

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K. Salma Jennath

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