The Union Ministry of Law and Justice has issued fresh guidelines governing the empanelment of advocates as Panel Counsel for representing the Union of India before the Supreme Court, High Courts, district and subordinate courts, tribunals and other forums.
The guidelines, issued by the Department of Legal Affairs through an Office Memorandum dated August 20, 2026, prescribe qualifications, minimum experience, scrutiny of applications, tenure, performance review and grounds for de-empanelment. They have come into effect from the date of issuance.
Under the new framework, advocates are generally empanelled for three years. Existing empanelments notified by the Department will, however, continue until completion of their respective tenure.
Law Degree, Bar Enrolment and AIBE Qualification Required
An applicant must hold a bachelor’s degree in law from a university or college recognised by the Bar Council of India and must be enrolled with the respective State Bar Council under the Advocates Act, 1961. The guidelines also require applicants to have qualified the All India Bar Examination (AIBE) and obtained a Certificate of Practice.
Apart from the prescribed period of practice, the Department will consider the nature and complexity of cases handled by an advocate, the level of responsibility undertaken and the ability to conduct high-stakes matters. An advocate’s overall performance track record, conduct and integrity will also form part of the assessment.
Advocates experienced in special laws such as Income Tax, Customs, GST and the Prevention of Money Laundering Act may be considered for specialised panels. Those having 10 years’ experience of legal work during government service may also be considered on the basis of their area of expertise.
Minimum Experience Fixed for Supreme Court and High Court Panels
The guidelines prescribe different minimum practice requirements depending upon the court and category of empanelment.
For the Supreme Court, an advocate requires at least five years of legal practice for empanelment as Group ‘A’ Panel Counsel, four years for Group ‘B’ and three years for Group ‘C’.
For several High Courts, including Allahabad, Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jammu & Kashmir and Ladakh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Madras, Patna, Punjab & Haryana, Rajasthan and others, the minimum experience prescribed is generally 10 years for Deputy Solicitor General, five years for Senior Panel Counsel and four years for Central Government Counsel.
The requirements differ for some courts. At the Delhi High Court, five years’ practice is prescribed for Central Government Standing Counsel and Senior Panel Counsel, while two years are required for Government Pleader.
The annexure also lays down separate eligibility requirements for the Central Administrative Tribunal, Armed Forces Tribunal, district courts, arbitration matters and other forums. For National Green Tribunal Standing Counsel and Telecom Regulatory Authority of India Standing Counsel, the minimum experience has been fixed at 15 years.
Applications to Undergo Scrutiny
Applications must be submitted in the prescribed format to the Deputy Secretary, Department of Legal Affairs. The Department will scrutinise them for compliance with eligibility requirements, completeness, authenticity of documents and the applicant’s suitability.
Applications that are not in the prescribed format, are illegible or incomplete, lack clear information or fail to satisfy the eligibility criteria can be summarily rejected.
Applicants must specify the court or tribunal for which empanelment is sought and provide their bio-data, educational and professional details, Bar Council enrolment number and supporting certificates. They must also disclose previous government or PSU empanelments, where applicable, and furnish an undertaking accepting the prescribed terms, conditions and fee structure.
A declaration must also be submitted stating that the applicant has not been convicted of a criminal offence, including an offence involving moral turpitude, and has not been disqualified, debarred or prohibited from practice by a court, Bar Council or other competent authority.
Annual Performance Review, De-Empanelment for Misconduct
Although the tenure of empanelment is three years or until further orders, whichever is earlier, the performance of empanelled advocates will be reviewed annually.
The Central Government may de-empanel an advocate for acting against instructions, failing to return briefs, misappropriating money such as court fees or costs, contempt of court, professional misconduct or conviction by a court.
An empanelled advocate wishing to resign ordinarily has to give at least one month’s written notice. On resignation, expiry, termination or non-renewal, the advocate must return original files, records, documents and briefs and ensure an orderly handover of pending matters within the stipulated period.
The guidelines further prohibit panel counsel from transferring or delegating an assigned matter to another advocate without prior written approval. They must maintain strict confidentiality concerning government information and records.
Empanelment itself does not guarantee any minimum number of cases. Allocation of briefs and legal matters will remain entirely within the discretion of the Department of Legal Affairs, while professional fees will be governed by the Department’s approved fee schedule as revised from time to time.
