Kerala High Court Amends Rules For Designation Of Senior Advocate In Terms Of Latest Supreme Court Directions

As per the amendments, an advocate who mainly practices before the High Court may be considered for designation as a senior advocate. However, concession may be given for advocates who are practising before the Tribunals with regard to their appearances before the High Court.

The amendments state that an advocate can be considered for designation as ‘Senior Advocate’ by the Full Court on suo motu if it feels that such advocate is a person of exceptional quality, eminence and has special expertise in any field of law.

Rule 4 has been amended to lay down eligibility conditions for designation as Senior Advocate. Earlier, the mandate was having an experience of 10 years but now it has been extended to include 10 years combined practice as an Advocate and as a District and Sessions Judge or as a Judicial Member of any Tribunal, with atleast 3 years of standing an advocate post retirement from such posts.

Another remarkable change is that an age limit has been introduced and the minimum age is 45 years. Age relaxation can only be given by the Committee or if the name of the advocate has been recommended by the Chief Justice or by a Judge of the High Court of Kerala.

The 2018 Rules provided for the constitution of a ‘Committee for Designation of Senior Advocates’. The new amendments provided that the Committee shall consist of the following persons:

1. Chairperson- Chief Justice
2. Members-two most senior judges
3. Member- Advocate General
4. Member- a member of the bar who will be nominated by the Chairperson and other members

It also stated that the above committee shall meet atleast twice in every calendar year.

Earlier, the notification for inviting applications was only published on the official website of the High Court of Kerala. As per the new changes, intimation regarding applications will also be given to the High Court Advocates Association and the Bar Associations.

Another notable change is that a point-based system has been introduced for making an overall assessment of the candidate for deciding his suitability for designation as a senior advocate. The points are allotted in this manner:

1. Maximum of 20 points for number of years of practice- if an advocate has 10 years minimum practice, then he/she will be given 10 points. For every additional year of practice, 1 point will be added.
2. 50 points - reported and unreported judgments(excluding those judgements that do not lay down any principles of law), pro bono work, domain expertise in constitutional law, Inter-State Water Disputes, Criminal law, Arbitration law, Corporate law, Family law, Human Rights, Public Interest Litigation, International law, law relating to women.
3. 5 points for publication of academic articles, teaching experience guest lectures given in law schools or other institutions of law.
4. 25 points are given based on the interview which tests the personality and suitability of the applicant

The names of the candidates short-listed for the interview, along with those names cleared by the Committee will be placed before the Full Court for its decision. 

As per the 2018 Rules, proposals/recommendations/applications for designation for senior advocate will be accepted if two-third of judges present in the full court meeting vote in favour of it but now instead of two-third, a majority is required. Earlier, voting by secret ballot was resorted to only if it was unavoidable. As per the new changes, voting by secret ballot will be resorted to in exceptional situations for reasons to be recorded. The final decision of the Full Court shall be communicated to the applicants individually.

The earlier rules provided for revocation of designation, on commission of any professional misconduct or offence involving moral turpitude. As per the amendments brought in, before such revocation of application, an opportunity for hearing will be given.

The 2018 Rules consisted of 18 Rules. Rule 19 has been newly inserted which states that the interpretation/ application of the rules shall be within the prerogative of the Chief Justice and such decision shall be final.

Click here to read/download the notification.