On 14-03-2024, the Delhi High Court amended Chapter 6 Part L, Volume V of High Court Rules, in exercise of the powers conferred by Section 7 of the Delhi High Court Act, 1966, Section 16(2) of the Advocates Act, 1961 and all other powers enabling it in this behalf. The official notification provided that the Rules shall be called the High Court of Delhi Designation of Senior Advocate Rules, 2024.
Permanent Committee
A Permanent Committee, known as ‘Committee for Designation of Senior Advocates’ shall deal with all the matters relating to designation of Senior Advocates by the High Court.
Composition of the Permanent Committee:
(a) Chief Justice – Chairperson of the Permanent Committee
(b) Two Senior most Judges of the High Court – Members
(c) Additional Solicitor General (Delhi High Court) – Member
(d) To be nominated by the Administrative Committee of the High Court out of the names of three Senior Advocates given by the Government of NCT of Delhi – Member
(e) A member of the Bar nominated by the above.
Eligibility Conditions for designation as Senior Advocate
A person must have practiced as an Advocate at the Bar for not less than 10 years and is enrolled with the Bar Council constituted under the Advocates Act, 1961. The Advocate must have practiced mainly in the High Court and the Courts Subordinate to it. There must be appearance and arguments or provided pro-bono legal services and attained the age of 40 years, unless the age limit is relaxed by the Permanent Committee.
The Rules also laid down that an applicant/advocate with domain expertise of practicing before specialized Tribunals may be given concession regarding the extent of appearance in the High Court.
The eligibility condition regarding minimum standing as a practicing Advocate is not applicable to retired Judicial Officers of Delhi or those who have resigned having service and/or practice of 10 years at their credit.
Canvassing
Canvassing by a nominee for designation as a Senior Advocate shall disqualify him for being so designated.
The Procedure for designation of an Advocate as Senior Advocate, either suo motu by the High Court or on an application by the advocate has also been laid down in detail.
Point based format for overall assessment of the Advocate by the Permanent Committee:
|
Matter |
Points |
|
Number of years of practice of the Applicant Advocate from the date of enrolment. (10 points for 10 years of practice and I point each for every additional year of practice, subject to a maximum of20 points). |
20 |
|
Judgments which indicate the legal formulations advanced by the concerned Advocate in the course of the proceedings of the case; pro bono work done by the concerned Advocate; Domain Expertise in Specialized Areas of law. It shall also include best five synopses for evaluation. |
50 |
|
Publication of books/journals, academic articles, experience of teaching assignments in the field, guest lectures delivered in law schools and professional institutions connected with law. |
5 |
|
The test of personality and suitability on the basis of interview for a holistic assessment of the applicant. |
25 |
