The Delhi High Court has notified a fresh set of rules governing the designation of advocates as Senior Advocates, prescribing a minimum of 10 years’ practice and ordinarily requiring applicants to have attained the age of 40.
The “High Court of Delhi Designation of Senior Advocate Rules, 2026” replace the rules notified in March 2024. The new framework was notified on September 3, 2026, under Section 7 of the Delhi High Court Act, 1966 and Section 16(2) of the Advocates Act, 1961. It will operate throughout the Delhi High Court’s jurisdiction and comes into force from the date of publication in the Delhi Gazette.
Designation Process To Be Initiated At Least Once Every Year
Under the new rules, a Permanent Secretariat headed by an officer of the rank of Registrar will handle the designation process. The Secretariat must invite applications for Senior Advocate designation at least once every year.
The notice inviting applications will be published on the Delhi High Court website, with an intimation also being sent to the Delhi High Court Bar Association. Applicants must be given at least 21 days to submit their applications.
An advocate may be considered for designation either suo motu by the Full Court, subject to his or her consent, or on an application made in response to the notice issued by the Permanent Secretariat.
Minimum 10 Years’ Practice And Age Of 40
To qualify, an advocate must have practised at the Bar for at least 10 years, be enrolled with a Bar Council constituted under the Advocates Act, and have been mainly practising before the High Court, trial and district courts or specialised tribunals.
The applicant must also ordinarily be at least 40 years old, although the Full Court has been given power to relax the age requirement.
The minimum-practice condition will not apply in the same manner to former Delhi Higher Judicial Service officers who have at least 10 years’ cumulative experience through judicial service and/or practice at the Bar.
The rules also expressly provide that canvassing by a candidate for designation will disqualify the person from being designated as a Senior Advocate.
Stakeholder Views To Be Invited
After receiving applications, the Permanent Secretariat will publish the names of applicants on the High Court website and invite suggestions or views from stakeholders within four weeks.
For advocates practising before specialised tribunals or trial and district courts, views may also be sought from the Chairpersons of the tribunals concerned or the Principal District and Sessions Judges. The Secretariat will then compile a database relating to each applicant.
Retired Delhi Higher Judicial Service officers, including those who voluntarily retired after completing 10 years of service, may also seek designation by submitting a request and the prescribed consent-cum-personal information sheet. Such a request will not be considered while the applicant has accepted, or consented to accept, a full-time assignment.
Full Court May Consider Professional Conduct, Ethics And Pro Bono Work
Eligible applications will be placed before the Full Court with the approval of the Chief Justice.
The rules identify several qualities which the Full Court may consider while deciding whether to designate an advocate. These include fairness in conducting cases, respectful behaviour towards judges and members of the Bar, courtroom decorum, professional etiquette and ethics, mentoring junior advocates, pro bono work and the advocate’s standing within the legal fraternity.
The Full Court is not required to record reasons for its decisions. However, the rules state that it may endeavour to make the process inclusive by providing equal opportunity to members of the Bar belonging to different classes and by encouraging first-generation advocates.
Two-Third Majority If Consensus Is Not Reached
The Full Court is expected to endeavour to reach a decision by consensus. Where consensus is not possible, the matter may be decided through voting.
Whether voting should be by secret ballot will be determined by the Full Court based on the facts and circumstances of the case. If voting takes place, the decision must be supported by a two-thirds majority of the judges who vote. The final decision will be communicated individually to all applicants.
Once the Full Court approves a name, the Chief Justice will formally designate the advocate as a Senior Advocate under Section 16(2) of the Advocates Act. The Registrar General will then notify the designation to, among others, the Supreme Court, Bar Council of India, Bar Council of Delhi, all High Courts, Principal District and Sessions Judges and tribunal chairpersons within the Delhi High Court’s jurisdiction.
Two-Year Waiting Period After Unsuccessful Consideration
An advocate whose proposal is not favourably considered by the Full Court will be ineligible for reconsideration for two years from the date of the decision.
After that period, the matter may be considered afresh under the prescribed procedure.
The Full Court has also been empowered to recall the designation of a Senior Advocate if the person is found guilty of conduct which, in its view, makes the advocate unworthy of continuing with the designation. An opportunity of hearing must be provided before such action is taken.
The rules repeal the Delhi High Court’s 2024 Senior Advocate designation rules, while clarifying that actions already taken under the earlier framework will not be invalidated merely because of the repeal.
