From the Editor's Desk

The Kerala High Court has notified the High Court of Kerala (Designation of Senior Advocates) Rules, 2026, which have come into force with immediate effect. The new Rules replace the High Court of Kerala (Designation of Senior Advocates) Rules, 2018. The explanatory note to the notification states that the fresh Rules have been framed pursuant to the Supreme Court’s decision dated May 13, 2025 in Jitender @ Kalla v. State (Govt. of NCT of Delhi) & Anr. and that the 2018 Rules now stand repealed.

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Conditions for eligibility

A person would be eligible for designation as a Senior Advocate if he or she satisfies the following conditions:

• Must have actually practised as an advocate for not less than 10 years; or have 10 years’ combined standing as an Advocate and as a District and Sessions Judge or as a Judicial Member of a Tribunal in India, out of which 3 years’ standing as an Advocate must be post-retirement.

• Must have attained the age of 45 years, unless the age limit is relaxed by the Full Court.

• Must have attained a position of eminence at the Bar and maintain a high standard of decorum.

• Must follow the highest standards of professional etiquette and ethics.

• Must act as a mentor to junior advocates.

• Must have participated in pro bono work.

• Must not have been convicted by a competent court for an offence involving moral turpitude or contempt of court, unless purged as per law, and must not have been punished by the Bar Council of Kerala or Bar Council of India for misconduct.

• Must have been an income-tax assessee for the last 10 years as on the date of the application.

How designation may be conferred

The Rules provide that an advocate may apply for designation as a Senior Advocate. They also enable the Full Court, by consensus, to confer the designation suo motu on an otherwise eligible advocate if, in its opinion, the advocate is a person of exceptional quality, eminence and special expertise in a field of law. The High Court may designate an advocate as a Senior Advocate if, in its opinion, by virtue of the advocate’s ability, standing at the Bar, or special knowledge or experience in law, the advocate deserves conferment of the distinction.

Notice and views from members of the Bar

The notice inviting applications is to be published on the official website of the High Court of Kerala. Intimation is also to be given to the High Court Advocates’ Association and the Bar Associations in the State.

Once applications are received, the Registrar General must publish a summary of the applications on the High Court’s website and invite suggestions and views from members of the Bar and other stakeholders within 30 days from the date of publication. The Rules specify that such suggestions or views must be in writing, must bear the name and full address of the sender, and must be addressed to the Registrar General. Anonymous petitions or representations will not be entertained.

Manner of applying

All applications are to be addressed to the Registrar General and submitted within the time prescribed in the notice issued by the High Court. The application must contain the particulars set out in Annexure A appended to the Rules. The Rules further require a declaration by the applicant that no recommendation or application to designate him or her as a Senior Advocate has been rejected by the Supreme Court of India, the High Court of Kerala, or any other High Court in India within a period of two years immediately preceding the date of the notification inviting applications. The Rules also make it clear that canvassing in any form will disqualify the advocate concerned from being designated.

Particulars to be mentioned in the application

The annexed application form requires extensive details from the applicant. Among the particulars to be furnished are:

• Educational and professional qualifications.

• Date of enrolment, enrolment number, and number of years of practice.

• For applicants practising in the High Court, the number of reported judgments in cases in which the applicant appeared as lead arguing counsel and as assisting counsel, limited to orders laying down a principle of law.

• For applicants practising in the Trial Courts or Specialised Tribunals, copies of 10 judgments, of which 5 must be originating from Appeal Suits or Sessions cases delivered by a District and Sessions Court or Additional District and Sessions Court.

• For applicants practising in the High Court, details of any 5 synopses drafted by the applicant.

• Details of pro bono or amicus curiae work.

• Details of academic articles or books published, teaching assignments in the field of law, and guest lectures delivered in law schools or professional institutions connected with law.

• Court-wise details of where the applicant has practised, the nature of practice, and the field of law in which the applicant claims specialisation or expertise.

• Whether the applicant had applied earlier to the Kerala High Court, the Supreme Court, or any other High Court for designation, and the current status of such application.

• Whether any FIR has ever been filed against the applicant, whether the applicant is a party to any civil, criminal, or other litigation, and whether the applicant has ever been arrested, prosecuted, detained, fined, convicted, or faced any disqualification or disciplinary action.

• Whether any proceedings were initiated or are pending before the Bar Council of India, Bar Council of Kerala, or any other State Bar Council.

• Whether the applicant has been an income-tax assessee for the last 10 years, along with relevant documents.

The prescribed formats attached to the notification also separately require lists of reported judgments, details of 5 synopses, pro bono or amicus curiae matters, and academic or teaching contributions. These formats are set out in Forms 1 to 5 appended to the notification.

Process of scrutiny and consideration

The Secretariat of the Registrar General of the High Court is to function as the Secretariat for the designation process. All applications for designation as Senior Advocates are to be scrutinised by the Secretariat, which will collect relevant data and information regarding the reputation, conduct and integrity of the advocate concerned from such sources as may be decided by the Chief Justice. The Secretariat is also required to verify details regarding the applicant’s participation in pro bono work and other particulars furnished in the application, and prepare a report for the Full Court.

In the case of lawyers practising in trial courts, the High Court may obtain remarks from the concerned District Judge. After the expiry of 30 days from publication of the particulars of applicants on the official website, the Registrar General is to place the applications before the Full Court on the orders of the Chief Justice.

The Full Court is to consider each name placed before it. An application will be treated as accepted if there is consensus on designating the advocate. If there is no consensus, the application will still be treated as accepted if a majority of the judges present and voting vote in favour of the applicant. The mode of voting is to be decided by the Full Court, and the final decision is to be communicated individually to all applicants.

The Rules state that an application that is not accepted by the Full Court will be considered afresh only after the expiry of two years from the date on which it was not accepted, and only on receipt of a fresh application in accordance with the procedure then applicable. Further, all cases deferred by the Full Court shall not be considered until the expiry of the period fixed by the Full Court in its resolution.

Pro bono work and guidance after designation

Rule 16 provides that Senior Advocates, upon designation, shall undertake pro bono work and conduct such matters before the High Court or any court in the district judiciary. They are also required to offer guidance to any member of the Bar who seeks it.

Designation can be revoked

The Rules make it clear that the designation of a Senior Advocate may be revoked, after due notice, if it is found by the Bar Council of India, the Bar Council of Kerala, or the Bar Council of any other State that the advocate has committed professional or other misconduct under Section 35(3) of the Advocates Act, 1961. Revocation may also follow if the High Court is satisfied that the advocate has violated any of the rules framed and issued by the High Court of Kerala under Section 34(1) of the Advocates Act, 1961.

The designation may also be revoked if the advocate has done an act which, in the opinion of the High Court, disentitles him or her from continuing to be worthy of the designation, or if he or she is guilty of moral turpitude or contempt of court. The explanation offered by the Senior Advocate must be placed before the Full Court, and a proposal for revocation will be treated as accepted only if two-thirds of the judges present and voting support it.

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Withdrawal or recall

The Rules also clarify that nothing in them prevents an advocate designated by the Kerala High Court as a Senior Advocate from submitting an application to withdraw or recall the designation. Such an application, if addressed to the Registrar General, is to be placed before the Chief Justice for appropriate orders.

Notification of designation, revocation or withdrawal

The notification states that whenever an advocate is designated as a Senior Advocate, or such designation is revoked or withdrawn, the Registrar General shall notify the fact to the Secretary General of the Supreme Court of India, other High Courts, the Bar Council of Kerala, the Bar Council of India, the Bar Councils of other States in India, and all District and Sessions Judges subordinate to the High Court of Kerala. The notification is also to be published on the official website of the High Court, and a copy is to be communicated to the judges of the High Court. A record of all decisions relating to designation, revocation, or withdrawal is to be maintained in the Secretariat of the Committee.