The Delhi High Court has revised its 2019 Rules and officially announced “The High Court of Delhi Designation of Senior Advocate Rules, 2024.”
The Delhi High Court has recently introduced significant amendments to its rules regarding the designation of Senior Advocates, marking a pivotal shift in the criteria and process for legal professionals aspiring to this prestigious status. The revised “High Court of Delhi Designation of Senior Advocate Rules, 2024” aim to bring more clarity, fairness, and structure to the designation process, reflecting the evolving standards of the legal profession.
Previously established rules from 2019 have been repealed and replaced by the new framework, which was officially announced on March 14. The notification clarifies,
“Rules framed by the High Court vide Notification No. 295/Rules/DHC dated 13.03.2019 further amended vide Notification No. 679/Rules/DHC dated 20.08.2019 for designating an Advocate as Senior Advocate are hereby repealed. However, this repeal shall not, by itself, invalidate the actions taken under the repealed rules.”
Under the new regulations, the process for designating Senior Advocates will be managed by a Permanent Committee known as the “Committee for Designation of Senior Advocates.” This committee will include the Chief Justice as the Chairperson, the Additional Solicitor General of the High Court of Delhi, a member nominated by the Administrative Committee from three Senior Advocates suggested by the Government of NCT of Delhi, and a Bar member nominated by the committee.
The committee is mandated to convene at least once annually and is supported by a Secretariat, whose members are appointed by the Chief Justice in consultation with the committee members. The rules specify that for an advocate to be eligible for senior designation, they must have at least ten years of practice, be registered with the Bar Council, have a substantial practice in the Delhi High Court and lower courts, and have engaged in pro-bono work, with a minimum age requirement of 40 years, subject to exceptions.
The amended rules introduce a detailed point system to evaluate candidates, breaking new ground in the assessment of legal professionals. The criteria include years of practice, contributions to legal scholarship, pro bono work, and domain expertise, with a total of 75 points available for these categories. Additionally, candidates will undergo a personality and suitability interview, contributing 25 points to the overall assessment.
The notification emphasizes the integrity of the nomination process, stating,
“Canvassing by a nominee for designation as a Senior Advocate shall disqualify him for being so designated.”
This clause aims to maintain the dignity and impartiality of the selection process.
Furthermore, the rules outline a comprehensive evaluation procedure where the Permanent Committee’s recommendations are reviewed by the Full Court, which is not required to record reasons for its decisions. The introduction of secret ballot voting is considered an exception and, if necessary, must be accompanied by recorded reasons.
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In cases of misconduct by a Senior Advocate, the Full Court retains the authority to review and possibly revoke the designation after providing an opportunity for a hearing. This provision ensures that the title of Senior Advocate remains a symbol of legal excellence and ethical conduct.
The Delhi High Court’s amendments to the Senior Advocate designation rules represent a significant step towards enhancing transparency, fairness, and accountability in the legal profession. As these changes are implemented, they are expected to have a profound impact on the standards of advocacy and the recognition of legal expertise in India.