Evan V

The Supreme Court of India has notified the “Guidelines for Designation of Senior Advocates by the Supreme Court of India, 2026”, superseding the 2023 framework pursuant to the Court’s decision dated May 13, 2025, in Jitender @ Kalla vs. State (Govt. of NCT of Delhi) and Anr. (2025 INSC 667).

The 2026 Guidelines were approved in a Full Court meeting held on February 10, 202,6 by the Chief Justice of India and the Judges of the Supreme Court.

In Jitender @ Kalla vs. State (Govt. of NCT of Delhi) and Anr., the Supreme Court disapproved the practice of designating senior advocates through a points system coupled with interviews, finding the mechanism unworkable. The points framework—premised on indicators such as length of practice, reported decisions, publications and allied factors—had been introduced to bring objectivity in line with the directions issued in Indira Jaising I and Indira Jaising II.

Under the 2026 regime, all matters concerning designation are to be processed through a Permanent Committee titled the “Committee for Designation of Senior Advocates”.

The Committee will comprise:

• The Chief Justice of India as Chairperson; and

• The two senior-most Judges of the Supreme Court as Members.

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The Committee will convene as required and will be supported by a Permanent Secretariat. The Secretariat’s composition is to be determined by the Chief Justice of India in consultation with the Committee Members. 

The Secretariat is mandated to commence the designation exercise at least once every year by inviting applications from advocates. The notice inviting applications is to be uploaded on the Supreme Court’s official website, with intimation also being provided to the Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association.

Applicants must be afforded a minimum of 21 days to submit online applications in the prescribed format. After applications are received, the Secretariat is required to compile relevant material on the reputation, conduct and integrity of applicants, including the information disclosed in the application forms. Proposals are to be published on the Court’s website, and stakeholders are to be given at least 15 days to furnish suggestions or views.

The Guidelines prescribe, inter alia, the following eligibility thresholds:

• Standing: at least 10 years as an advocate, or 10 years’ combined standing as an advocate and as a District & Sessions Judge or a Judicial Member of a Tribunal (where the eligibility for the post is not lower than that prescribed for appointment as a District Judge).

• Nature of practice: practice predominantly in the Supreme Court; however, advocates with recognised domain expertise before specialised tribunals may be granted concessions regarding the extent of Supreme Court appearances.

• Age: minimum age of 45 years, unless relaxed by the Full Court.

• Cooling-off: the applicant’s request must not have been rejected within the previous two years or deferred within the previous one year by the Supreme Court or any High Court.

• Clean record: the advocate must have no criminal antecedents and must not have been convicted of offences involving moral turpitude, contempt of court, or professional misconduct, as punished by a State Bar Council or the Bar Council of India.

Eligible applications are to be evaluated by the Full Court on three broad heads:

1. Ability
   Considerations include sound legal knowledge, advocacy skills, legal writing, publication of articles/commentaries, and the capacity to rationally critique judicial decisions.

2. Standing at the Bar
   Illustrative factors include fairness in court, respectful conduct towards the Bench and the Bar, maintenance of decorum, adherence to professional ethics, mentorship of juniors, pro bono contributions, professional reputation, and demonstrable honesty and integrity.

3. Special knowledge or experience
   Domain expertise may include Arbitration, Insolvency and Bankruptcy, Company Law, Intellectual Property, and Taxation, among others.

All eligible applications are to be placed before the Full Court. The Guidelines provide that designation decisions should ordinarily be taken by consensus; where consensus is not achievable, the decision is to be made by majority. Resorting to a secret ballot is contemplated only in exceptional situations, and reasons must be recorded for adopting that course.

The Full Court may also designate an advocate even in the absence of an application, subject to the advocate’s consent.

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Applications that are not accepted are eligible for reconsideration after 2 years, while deferred applications are not to be revisited for 1 year. Fresh applications may be filed thereafter in accordance with the procedure prevailing at the relevant time. The final outcome is to be communicated individually to each applicant.

A distinct mechanism is provided for former Chief Justices and Judges of High Courts to seek designation through a request-cum-consent letter in the prescribed form. However, former judges who have accepted any full-time post-retirement assignment are not to be considered for designation for so long as such assignment continues.

The Full Court retains the authority to review and recall the designation of a Senior Advocate where the advocate is found guilty of conduct inconsistent with the continuance of such status. The Guidelines require that an opportunity to be heard be afforded prior to any such action.

All questions regarding the interpretation or application of the Guidelines are to be referred to the Chief Justice of India, whose decision is final.