Complying with the ruling in Indira Jaising vs. Supreme Court of India, the Kerala High Court amended the High Court of Kerala (Designation of Senior Advocates Rules) of 2018.
A lawyer who primarily represents clients in front of the High Court could potentially be eligible to be designated for the position of senior advocate under the changes. Advocates who practice in the Tribunals might be granted a concession concerning their appearances before the High Court.
The updated regulations, among other things, have instituted a minimum age requirement, stating that advocates must be not less than 45 years of age in order to qualify as senior advocates.
The Chief Justice, the Senior Advocate Designations Committee, or a Judge of the High Court could, according to the revised rules, could exempt the minimum age requirement.
Additionally, there are now more requirements to be eligible for the senior advocate designation. Formerly, applicants had to have worked as advocates for at least ten years. Candidates having 3 years minimum experience of post-retirement status of being an advocate and ten years of cumulative professional experience as an advocate, district, and sessions judge, or judicial affiliate of a tribunal of Indian origin are now eligible to apply under the new guidelines.
Meanwhile, the 2018 Rules had initially stated that the High Court may designate any advocate as a senior advocate based on skill set, reputation, or expertise in law, without specifying the specialized area of practice.
The revised rules nevertheless stipulate that the Full Court may, suo motu, appoint any advocate for the post of a senior advocate if it determines that the advocate in question is a highly accomplished attorney with particular knowledge in any area of the law.
On the basis of their appearances before the High Court, advocates with subject competence who have practised before specialised tribunals may be exempt from requirement of practising in the High Court.
A point-based system is also introduced by the amended rules to assess proposals for senior advocate designation. This system considers various aspects, including maximum of 20 points allotted for the number of years of advocacy practise say 10 points given for 10 years of practice and extra 1 points for every added year, 50 points given for judgements, work with respect to pro bono, domain specialization, 5 points given for academic publication of articles, previous experience of teaching in law, appearances as guest lecturers in law schools and 25 points allotted to personality and eligibility via interviews.
There were eighteen rules in the 2018 edition. Rule 19, which was recently added, specifies that the Chief Justice has the authority to interpret and apply the rules, and that decision will be binding.
Written by: Divyani Newar, College name: NEF Law College, 5th Semester, 3 Year LL.B., An intern under Legal Vidhiya
References:
- https://www.livelaw.in/news-updates/kerala-high-court-amendments-designation-of-senior-advocates-2018-rules-241120?infinitescroll=1
- https://timesofindia.indiatimes.com/city/kochi/high-court-amends-norms-for-designation-of-senior-advocates/articleshow/104792383.cms
- https://www.barandbench.com/news/kerala-high-court-amends-rules-on-designation-of-senior-advocates
- https://www.lawinsider.in/news/kerala-high-court-amends-rules-for-senior-advocate-designation
