Delhi HC Notifies New Rules For Designation Of Lawyers As Senior Advocates

It is definitely of paramount importance to note that the Delhi High Court in a fresh development has notified new rules for designation of lawyers as senior advocates in its notification No.88/Rules/DHC dated 03.09.2026 replacing the framework that was issued in March 2024. It must be noted that the rules framed by the Delhi High Court under Section 7 of the Delhi High Court Act, 1966 and Section 16(2) of the Advocates Act, 1961 for designating an advocate as senior advocate  envisages in Rule 1 that, “(i) These rules shall be called ‘The High Court of Delhi Designation of Senior Advocate Rules, 2026’.

(ii) These Rules shall extend to the entire jurisdiction of the High Court of Delhi at New Delhi.

(iii) These Rules shall come into force from the date of their publication in the Delhi Gazette.”

Do note, the Bench while dwelling on the permanent secretariat enunciates in Rule 3 that, “(i) There shall be a Permanent Secretariat headed by an officer of the rank of Registrar.

(ii) The Chief Justice may issue such directions, from time to time as deemed necessary regarding functioning of the Permanent Secretariat, including the manner in which, and the source/s from which, the necessary data and information with regard to designation of Senior Advocates are to be collected, compiled and presented.

(iii) The Permanent Secretariat shall initiate the process for designation of Senior Advocates at least once every year by inviting applications from Advocates for designation as Senior Advocates.

(iv) The notice inviting applications from Advocates shall be published on the official website of the High Court. In addition, intimation will also be given to the Delhi High Court Bar Association.

(v) At least twenty-one days’ time shall be given to applicants to submit their applications. An Advocate seeking designation as a Senior Advocate would have to apply in the format attached to these Rules as Annexure-A.”

Do also note, the Bench then notes in Rule 4 stipulating that, “No person shall be eligible for being designated as Senior Advocate unless he/ she–

(i) has practiced as an Advocate at the Bar for not less than 10 years;

(ii) is enrolled with the Bar Council constituted under the Advocates Act, 1961;

(iii) has been mainly practicing in the High Court, Trial and District Courts or specialized Tribunals; and

(iv) has attained the age of 40 years, unless the age limit is relaxed by the Full Court.

Explanation: The eligibility condition with regard to minimum standing as a practicing Advocate shall not apply to former Delhi Higher Judicial Service Officers who have not less 10 years cumulative experience as Delhi High Judicial Service Officers and/or practice at the Bar to their credit.”

It merits noting that while strictly forbidding canvassing, it is stipulated in Rule 5 that, “Canvassing by a nominee for designation as a Senior Advocate shall disqualify him for being so designated.”

Do further note, it is then laid bare in Rule 6 about procedure for designation of an Advocate as Senior Advocate noting that, “An advocate may be considered by the Full Court for being designated as Senior Advocate either (A) suo motu, or (B) on an application by the advocate.   

(A) Procedure Suo Motu: An Advocate, who fulfils the eligibility conditions prescribed hereinbefore, may be considered suo motu by the Full Court for being designated as a Senior Advocate, subject to his/her consent.

(B) Procedure on application by an Advocate: Any Advocate who fulfils the eligibility conditions prescribed hereinbefore, may submit an application along with Annexure-A to these Rules duly filled in and signed by the Advocate concerned addressed to the Registrar General, in pursuance to the notice inviting application by the Permanent Secretariat for being designated as Senior Advocate.”

It is worth paying attention that pertaining to compilation of data by the Permanent Secretariat, it is mentioned in Rule 7 laying down that, “(A) On receipt of the applications for designation of an Advocate as Senior Advocate, the Permanent Secretariat shall:-

(i) Publish on the official website of the High Court the name(s) of the Advocate(s) who have applied for designation as Senior Advocate for inviting suggestions/views of other stakeholders on his/ her proposed designation within four weeks of such publication on the website of the High Court;

(ii) In case of applicants practicing in the specialized Tribunals and the Trial and District Courts, views of the Chairpersons of the Tribunals and Principal District and Sessions Judges respectively to the proposed designation may be invited within four weeks of the request sent for the said purpose;

(iii) On receipt of applications and suggestions/ views thereon under sub-rules (i) and (ii), the Permanent Secretariat shall compile a database of the Advocate(s) concerned.

(B) Retired Delhi Higher Judicial Service Officers or those who have voluntarily retired after ten years of service in Delhi Higher Judicial Service may at any time submit a letter of request with consent-cum-personal information sheet (Annexure- A-1) duly filled in and signed by him/her addressed to the Registrar General for designation as Senior Advocate. On receipt of the letter of request, the Permanent Secretariat shall:-

(i) Publish on the official website of the High Court the name(s) of the Retired Delhi Higher Judicial Service Officer(s) who have applied for designation as Senior Advocate for inviting suggestions/views of other stakeholders on his/ her proposed designation within four weeks of such publication on the website of the High Court.

(ii) Place the same before the Full Court with the approval of Hon’ble the Chief Justice.  However, such request shall not be considered in case the applicant(s) has/have accepted or consented to accept any full time assignment or as long as they hold that assignment.”

It is worth noting that pertaining to submission of applications of the candidates to the Full Court, Rule 8 specifies that, “(i) After the collection of information by the Permanent Secretariat, all the applications of the candidates found to be eligible along with relevant documents will be submitted to the Full Court with the approval of Hon’ble the Chief Justice.

(ii) Some of the qualities which the Full Court may consider while arriving at a decision on designation of an applicant as a Senior Advocate are:

a) He/she is always fair while conducting cases before the Courts;

b) His/ her behaviour with the Judges and other members of the Bar is respectful;

c) He/she maintains decorum while conducting cases before the Court;

d) He/she always acts first as an officer of the Court and, thereafter, a mouthpiece of his/her client;

e) He/she follows the highest standards of professional etiquette and ethics;

f) He/she acts as a mentor to the junior Advocates;

g) He/she does pro bono work; and

h) He/she carries respect in the legal fraternity.

(iii) The Full Court shall not be required to record reasons for its decision(s), though it may endeavour to make the process inclusive by giving equal opportunity to all members of the Bar who belong to different classes and by encouraging first generation Advocates.

(iv) An endeavor shall be made by the Full Court to arrive at a decision on designation as Senior Advocate by consensus. However, if consensus on designation of an Advocate is not arrived at, the decision may be made on the basis of voting. Whether in a given case, there should be secret ballot would be decided by the Full Court considering the facts and circumstances of the given case. In the event of voting, decision of the Full Court will be carried by a two-third majority of the Judges who have voted.

(v) The final decision of the Full Court shall be communicated individually to all the applicants.”

While dwelling on the designation of advocates as senior advocates by the Chief Justice, it is enshrined in Rule 9 that, “(i) On the approval of the name of the Advocate(s) by the Full Court, the Chief Justice shall designate such an Advocate as a Senior Advocate under Section 16 (2) of the Advocates’ Act, 1961.

(ii) The Registrar General shall notify the designation to the Secretary General of the Supreme Court of India, Bar Council of India, Bar Council of Delhi, the Registrar General of all High Courts, all Principal District and Sessions Judges and Chairpersons of Tribunals under the jurisdiction of the High Court.

(iii) The record received from the Full Court in this regard shall be maintained by the Permanent Secretariat for reference for a period of five years.”

While dwelling on review/reconsideration, it is stipulated in Rule 10 that, “(i) If a proposal for designation as Senior Advocate is not favourably considered by the Full Court, the Advocate(s) concerned would be ineligible for being recommended for designation as a Senior Advocate for a period of two years from the date of such decision.

(ii) The decision of the Full Court in respect of the Advocate (s) concerned may thereafter be reviewed/reconsidered by following the procedure prescribed above, as if the proposal is being considered afresh.”

It is of immense significance to note that while Rule 11 elaborating on the recall of designation states that, “(i) In the event a Senior Advocate is guilty of conduct which according to the Full Court disentitles the Senior Advocate concerned to continue to be worthy of the designation, the Full Court may review its decision to designate the concerned person and recall the same. The Full Court would give an opportunity of hearing before any such action is taken.

(ii) The procedure for recall shall be the same as provided under Rule 8.

(iii) The Registrar General shall notify the decision of recall in the same manner as provided for in Rule 9.”

It would be germane to note that Rule 12 while dealing with removal of difficulties clarifies that, “All questions relating to interpretation and/or application of these rules shall be referred to the Chief Justice whose decision shall be final. The Chief Justice may issue directions for the removal of difficulties either in general terms or in a particular instance as the exigencies may require.”

Finally, it is stated in Rule 13 while specifying on repeal and savings that, “The Rules framed by the High Court vide Notification No.18/Rules/DHC dated 14.03.2024 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.”   

In conclusion, we thus see that Delhi High Court has made significant changes in the rules for designating an advocate as senior advocate as has been dealt with hereinabove! Quite glaringly, we see that the new rules have given a complete adieu to the committee for designating any advocate as senior advocates which was however provided under the earlier rules. It will operate throughout the Delhi High Court’s jurisdiction and come into force from the date of publication in the Delhi Gazette. Very rightly so! No denying it!