¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-Eò, +ÉìC]õÉä¤É®ú 25õ, 2018/EòÉÌiÉEò 3, ¶ÉEäò 1940

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ

+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú--Eò

´É¹ÉÇ 4, +ÆEòú 62]

MÉÖ¯û´ÉÉ®ú, +ÉìC]õÉä¤É®ú 25, 2018/EòÉÌiÉEò 3, ¶ÉEäò 1940

[{ÉÞ¹`ä 11, ËEò¨ÉiÉ : ¯û{ÉªÉä 9.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 90

|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉÉ´ªÉÊiÉÊ®úCiÉ <iÉ®ú ´ÉèvÉÉÊxÉEò |ÉÉÊvÉEòÉªÉÉÆxÉÒ iÉªÉÉ®ú Eäò±Éä±Éä

(¦ÉÉMÉ BEò, BEò-+ ´É BEò-±É ªÉÉÆ¨ÉvªÉä |ÉÊºÉrù Eäò±Éä±Éä ´ÉèvÉÉÊxÉEò ÊxÉªÉ¨É ´É +Énäù¶É ªÉÉÆ´ªÉÊiÉÊ®úCiÉ <iÉ®ú)

´ÉèvÉÉÊxÉEò ÊxÉªÉ¨É ´É +Énäù¶É ; ªÉÉiÉ ¦ÉÉ®úiÉ ºÉ®úEòÉ®ú, =SSÉ xªÉÉªÉÉ±ÉªÉ, {ÉÉä±ÉÒºÉ +ÉªÉÖCiÉ, +ÉªÉÖCiÉ (®úÉVªÉ =i{ÉÉnùxÉ ¶ÉÖ±Eò),

ÊVÉ±½þÉnÆùb÷ÉÊvÉEòÉ®úÒ ´É ÊxÉ´Éb÷hÉÚEò +ÉªÉÉäMÉ, ÊxÉ´Éb÷hÉÚEò xªÉÉªÉÉÊvÉEò®úhÉ, ÊxÉ´Éb÷hÉÚEò ÊxÉhÉÇªÉ +ÊvÉEòÉ®úÒ ´É ÊxÉ´Éb÷hÉÚEò +ÉªÉÉäMÉÉJÉÉ±ÉÒ±É

<iÉ®ú |ÉÉÊvÉEòÉ®úÒ ªÉÉÆxÉÒ iÉªÉÉ®ú Eäò±Éä±Éä ´ÉèvÉÉÊxÉEò ÊxÉªÉ¨É ´É +Énäù¶É ªÉÉÆSÉÉ ºÉ¨ÉÉ´Éä¶É ½þÉäiÉÉä.

THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE AND ORIGINAL SIDE

NOTIFICATION

No. P. 3603/2018.—In exercise of powers conferred under Section 16(2) and 34(1) of the Advocates

Act, 1961 (Central Act 25 of 1961) and pursuant to the directions of the Hon’ble Supreme Court of India

in its decision in “Indira Jaisingh V Supreme Court of India” (2018 (3) BCR 517), the High Court of Bombay

makes the following rules regarding designation of an Advocate as a Senior Advocate, superseding the

existing Rules framed under section 16(2) of the Advocates Act, 1961, contained in Schedule VI of the

Bombay High Court Appellate Side Rules, 1960 and in Rule 24 of the Bombay High Court Original Side

Rules, 1980.

Table of Contents

RULES FRAMED UNDER SECTION 16(2) OF THE ADVOCATES ACT, 1961

(1) Short title and Commencement

(2) Definitions

(3) Permanent Committee

(4) Designation as a Senior Advocate

(5) Procedure for designation of Senior Advocates

RNI No. MAHBIL /2009/35527

(1)

¦ÉÉMÉ SÉÉ®ú--Eò--90---1

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-Eò, +ÉìC]õÉä¤É®ú 25õ, 2018/EòÉÌiÉEò 3, ¶ÉEäò 1940

(6) Norms and Guidelines

(7) Review and Recall

(8) Interpretation

(9) Repeal and Savings

FORM — I

FORM OF PROPOSAL

FORM — II :

PROFORMA OF BIODATA

GENERAL INSTRUCTIONS FOR COMPLETING

THE APPLICATION FORM FOR DESIGNATION

AS A SENIOR ADVOCATE

RULES FRAMED UNDER SECTION 16(2) OF THE ADVOCATES ACT, 1961

Short title and Commencement.—(a) These Rules shall be called the Bombay High Court

(Designation of Senior Advocates) Rules, 2018.

(b) These Rules shall come into force on the date of publication in the Official Gazette.

Definitions.—In these Rules, unless the context otherwise requires,—

(a) “Chief Justice” means the Chief Justice of High Court of Bombay.

(b) “High Court” means the High Court of Bombay.

by the Hon’ble the Chief Justice and consists of the two most senior Judges of the High Court,

the learned Advocate-General and one nominated member of the Bar.

(d) “Permanent Secretariat” means the Secretariat headed by the Registrar-General of the

High Court, and of which the Registrar (Judicial-I) of the High Court shall be the Secretary.

(e) “Senior Advocate” means Advocate designated as Senior Advocate under Section 16(2)

of the Advocates Act, 1961.

(f) “Stakeholder” means and includes every person directly concerned with or affected by the

designation of any Advocate as a Senior Advocate of the High Court.

Permanent Committee.— (a) All matters relating to designation of Senior Advocates in the

Bombay High Court shall be dealt with by a Permanent Committee to be known as the Permanent

Committee for Designation of Senior Advocates.

(b) The composition of the Permanent Committee shall be as defined in Rule 2(c) above.

above.

(d) The Permanent Committee will meet at least twice in each calendar year.

Designation as a Senior Advocate.— An Advocate who has actively and actually practiced for

not less than 10 years in the Bombay High Court may be considered for being designated as Senior

Advocate either—

(a) On a written recommendation from the Chief Justice or any permanent Judge of the High

Court of Bombay to the Permanent Secretariat, that, in the opinion of the Chief Justice, or of such

other permanent Judge, by virtue of the advocate’s ability, experience, standing at the Bar, or

special knowledge of, or experience in law, the advocate is deserving of such designation ; or

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-Eò, +ÉìC]õÉä¤É®ú 25õ, 2018/EòÉÌiÉEò 3, ¶ÉEäò 1940

(b) On a proposal for designation as a Senior Advocate by two previously designated Senior

Advocates of the Bombay High Court; or

Bombay High Court.

Procedure for designation of Senior Advocates.— (a) Every proposal/application for designation

as a Senior Advocate shall be submitted in the month of June and December of each year.

(b) Every proposal / recommendation for designation as a Senior Advocate shall be in the Form I

appended to these rules.

(d) No Senior Advocate shall propose the names of more than two advocates for designation in

one calendar year.

(e) Every advocate preferring an application for designation as a Senior Advocate, shall submit

his application as per Form II, endorsed by two designated Senior Advocates as per Form I appended

to these rules.

(f) Along with the proposal and application the Advocate shall append his certificate that he has

not applied to any other High Court for being designated as a Senior Advocate and that his application

has not been rejected by the High Court within a period of two years prior to the date of the proposal

or application.

(g) All proposals and applications for designation of an advocate as a Senior Advocate shall be

submitted to the Permanent Secretariat, which shall scrutinize the proposals and applications received

as per directions and guidelines of the Permanent Committee.

(h) The Permanent Secretariat on scrutiny of the proposals so received will intimate the concerned

Advocate of any irregularity, who shall remove the same within 15 days from the receipt of such

intimation.

(i) On receipt of all applications/ proposals/ recommendations the Permanent Secretariat shall

compile the relevant data and information with regard to the reputation, conduct, integrity of the

Advocate(s) concerned including his/her participation in pro-bono work if any; reported judgments of

cases in which he/she has appeared; the number of such judgments for the last five years; and such

other information as the Permanent Committee may think necessary. This data will be gathered by the

Permanent Secretariat from such source or sources as the Permanent Committee may direct, and is

not restricted to data submitted by the advocate-candidate.

(j) The Permanent Secretariat shall publish the proposal of designation of the Advocate on the

official website of the Bombay High Court, inviting suggestions and views of the members of the Bar

and other stakeholders within 30 days from the date of such publication.

(k) The suggestions/views shall be in writing and shall bear the name and full address of the sender

and shall be addressed to the Permanent Secretariat of the High Court. Anonymous petitions/

representations/views shall not be entertained. The suggestions/ views shall be submitted only in

physical form in writing and submission of such views/suggestions by any other mode shall not be

entertained.

(l) On completion of above procedure, the Permanent Secretariat shall prepare and submit a report

to the Permanent Committee regarding every proposal/application for designation. The Permanent

Secretariat shall endeavour to prepare such report within 90 days of the last date for receipt of views/

suggestions.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-Eò, +ÉìC]õÉä¤É®ú 25õ, 2018/EòÉÌiÉEò 3, ¶ÉEäò 1940

(m) The Permanent Committee will examine each proposal /application for designation of Senior

Advocate in the light of data provided by the Secretariat of the Permanent Committee and the

suggestions/views of the members of the Bar and other stakeholders.

(n) The Permanent Committee shall interact with the Advocate concerned to make an overall

assessment. The Permanent Committee will make its overall assessment on the basis of a point-based

format indicated below :—

Sr. No.

Matter

Points

(1)

(2)

(3)

Number of years of practice of the Applicant Advocate from

. .

20 Points

the date of enrollment.[10 points for 10-20 years of practice ;

20 points for practice beyond 20 years]

Judgments (reported and unreported) which indicate the legal

. .

40 Points

formulations advanced by the Advocate concerned in the

course of the proceedings of the case; pro bono work done

by the Advocate concerned; domain expertise of the applicant

advocate in various branches of law, such as 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, etc.

Publications by the Advocate.

. .

15 Points

Test of personality & suitability on the basis of interaction.

. .

25 Points

(o) If the Permanent Committee defers any proposal/application for designation as a Senior

Advocate, such proposal/application shall not be considered until the expiry of one year from the date

of deferment.

(p) After completing the assessment the Permanent Committee shall place the proposals/

recommendations/ applications for designation, before the Full Court for consideration, along with its

recommendations.

(i) The Full Court will have due regard to the recommendations of the Permanent Committee.

(ii) At any Full Court meeting, a Judge may abstain from participating in the proceedings with

respect to any proposal.

(iii) In the Full Court meeting convened for this purpose, voting by secret ballot will not normally

be resorted to by the Full Court except when so unavoidable. In the event of a secret ballot, the

decisions will be by majority of the Judges present and actually voting.

(q) A proposal/application not approved by the Full Court may be reviewed/reconsidered only after

the expiry of two years from the date on which proposal/ application was not accepted by the Full Court

and then only on receipt of a fresh proposal/application for designation of Senior Advocate.

(r) The name of candidates who have been accepted for designation by the Full Court shall be

designated as Senior Advocates.

(s) The final decision of the Full Court will be communicated to each candidate individually.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-Eò, +ÉìC]õÉä¤É®ú 25õ, 2018/EòÉÌiÉEò 3, ¶ÉEäò 1940

Norms and Guidelines.— The following norms and guidelines will govern all recommendations

and proposals/applications for designation as a Senior Advocate :

(a) Every Advocate-candidate shall be enrolled with the Bar Council of Maharashtra and Goa.

(b) The Advocate should have not less than ten years’ standing as an advocate of the Bombay

High Court.

framed for an offence involving moral turpitude or for contempt of court shall not be eligible for

consideration.

(d) The Advocate must be found deserving of designation as Senior Advocate by virtue of

his/her ability, integrity, standing at the Bar or special knowledge or experience in law.

(e) Upon designation of an Advocate as Senior Advocate, he or she shall also appear gratis

and pro bono in legal aid cases as and when called upon by the Court.

(f) An Advocate who has done legal aid work shall be given due weightage.

(g) On designation as a Senior Advocate, the advocate concerned will not—

(i) Draft or sign pleadings in any Court.

(ii) Appear unless assisted by another Advocate.

(iii) Directly give consultation to any litigant.

(iv) Appear for mentioning any matter to the Court nor seek an adjournment in any Court.

(h) Canvassing in any form by the Advocate concerned or by the proposer or seconder shall

result in the immediate disqualification of the proposal/application of the advocate concerned.

Review and Recall.— (a) If it is found that any Senior Advocate has—

(i) committed professional misconduct; or

(ii) shown intemperate behaviour either inside or outside the Court; or

(iii) been found invariably negligent in discharge of professional duties; or

(iv) been found by the Bar Council of India or Bar Council of Maharashtra and Goa or the

Bar Council of any other State to have committed professional or other misconduct; or

(v) been convicted of an offence involving moral turpitude or for Contempt of the Court; or

(vi) for any other reason lost the privilege to be a Senior Advocate,

then, for any one or more of the foregoing reasons, the name of the Senior Advocate will be

placed before the Chief Justice for considering the withdrawal of designation of Senior Advocate.

(b) On being satisfied that the matter should be further considered, the Chief Justice shall refer

the issue to the Permanent Committee. The Permanent Committee shall give an opportunity to the Senior

Advocate to plead his/her case including a personal hearing and thereafter submit its recommendation

to the Chief Justice no later than six months from the date of reference to the Committee. The Committee

will be free to evolve its own procedure.

Chief Justice shall place the report with the recommendation of the Committee at the next Full Court

meeting for its consideration.

¦ÉÉMÉ SÉÉ®ú--Eò--90---2

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-Eò, +ÉìC]õÉä¤É®ú 25õ, 2018/EòÉÌiÉEò 3, ¶ÉEäò 1940

(d) If a majority of Judges present at the meeting is of the view that the Senior Advocate has

forfeited his/her privilege, the Full Court shall recall his/her designation as a Senior Advocate.

(e) The Registrar General shall notify the decision to the Advocate and to the Bar Council of

Maharashtra and Goa who shall delete the name from the list of Senior Advocates maintained by the

Bar Council.

(f) Nothing contained in these rules shall stand in the way of an Advocate who has been designated

by the High Court of Bombay as a Senior Advocate from submitting an application to withdraw or recall

his/her designation as a Senior Advocate. In the event of such an application addressed to the Permanent

Secretariat being submitted, the Permanent Secretariat shall place it before the Chief Justice for

appropriate orders thereon.

Interpretation.—(a) All questions relating to the interpretation of these rules shall be referred to

the Chief Justice whose decision thereon shall be final.

Repeal and Savings.—(a) All previous Rules in respect to the subject matter covered by these

Rules, including the Guidelines for Designating an Advocate as Senior Advocate, as made by the High

Court of Bombay with all amendments/modifications, are hereby repealed. However, this repeal shall not,

by itself, invalidate the actions taken under the repealed Rules/Guidelines.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-Eò, +ÉìC]õÉä¤É®ú 25õ, 2018/EòÉÌiÉEò 3, ¶ÉEäò 1940

FORM — I

FORM OF PROPOSAL/ENDORSEMENT

(required from two previously designated Senior Advocates)

Date :

To,

The Honourable the Chief Justice

and the Judges of the High Court

of Judicature at Bombay.

I, ... ... ... ... ... ... ... ... ... ... ... (name of Senior Advocate) propose Shri/Smt/Kumari ... ... ... ... ...

... ... ... ... ... ... ... ... (name of Advocate proposed), who was enrolled as an advocate by the Bar Council

of Maharashtra & Goa on ... ... ... ... and continues to be on the Roll of Advocates maintained by the

said Bar Council, and who has been practicing in this Court for the last ... ... ... ... years, for being

designated as a Senior Advocate of this High Court, as in my opinion, by virtue of his/her ability,

experience and standing at the Bar, he/she is deserving of such distinction.

The reasons why, according to me, the advocate is worthy of being designated as a Senior

Advocate are as follows :—

... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Dated this ... ... ... ... day of ... ... ... ... ... ... ... ... ... ... 20.

(Signature of the Senior Advocate)

¦ÉÉMÉ SÉÉ®ú--Eò--90---2+

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-Eò, +ÉìC]õÉä¤É®ú 25õ, 2018/EòÉÌiÉEò 3, ¶ÉEäò 1940

FORM — II

PROFORMA OF BIODATA

Name of Applicant

Date of birth

Permanent Residential Address

Office Address

Educational Qualifications

Date of Enrolment

Bar Council with which enrolled

Bar Council Enrolment number

Names of Lawyers’ Associations of which the applicant is a member

Number of years of practice in the Bombay High Court

Areas of specialization, if any

Name of lawyer, if any, in whose chambers the applicant was a junior; duration or period

for which the applicant was a junior.

Names of any juniors, if any, attached to the applicant’s own chambers, and the duration

or period for each.

Whether empanelled or holding any office under the State or Central Government

Nature of practice (Civil, Criminal, Constitutional, Taxation, Labour, Company, Service etc.).

Any particular field of law in which Applicant has specialization / domain expertise, special

knowledge or special experience (such as 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, etc.).

Number of Reported Judgments in matters in which the applicant appeared (provide list

of citations).

Reference to at least ten reported judgments in cases in which the applicant has appeared

as arguing Counsel and contributed to the development of law, and which indicate the legal

formulations advanced by the applicant.

Details of pro bono work / legal-aid work during last five years

Details of the position, if any, held in Bar Council/Bar Association

Details of any lectures delivered.

Details of any publications authored or co-authored by the Applicant

Whether the Applicant had applied earlier.

Passport size

photograph

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-Eò, +ÉìC]õÉä¤É®ú 25õ, 2018/EòÉÌiÉEò 3, ¶ÉEäò 1940

GENERAL INSTRUCTIONS FOR COMPLETING THE APPLICATION FORM FOR

DESIGNATION AS A SENIOR ADVOCATE

(1)

Every Application, in the prescribed format, shall be made in English, typed/printed with font

size (Arial, 12pt) in double spacing on a single side of white A4-size paper with top and left

margins of 1.5 inches.

(2)

All documents annexed to the application should be accompanied by a detailed index

containing the details thereof.

(3)

Documents accompanying the application should be listed and numbered consecutively in the

index.

(4)

The entire compilation will have running page numbering IN THE TOP RIGHT CORNER in

Arial 14 pt boldface.

(5)

Name of the Applicant must tally with his/her name as mentioned in his/her enrolment

certificate. Abbreviated names are not to be used.

(6)

The completed Application with its index should be presented in the form of a paper book with

binding or stitching on the left side. Spiral or comb binding is not to be used.

(7)

All photocopies should be legible and true copies of their respective originals.

(8)

Two copies of the Application paper book, identical in every respect and particular, are to be

submitted.

(9)

An original colour passport-sized photograph against a plain background is to be pasted on

each copy of the Application.

HIGH COURT OF JUDICATURE AT BOMBAY,

S. P. TAVADE,

Dated the 24th October, 2018

I/c. Registrar General.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR

SHRI MANOHAR SHANKAR GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI

ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.