Rajasthan Extraordinary Gazette, Part Part 4 (C) I, 18 February 2026

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भाग 4 (ग)

उप-ख(cid:214)ड (I)

राज्य सरकार तथा अन्य राज्य-प्राधिकारियों (cid:217)वारा जारी किये गये (सामान्य आदेशों, उप-

विधियों आदि को सम्मिलित करते हएु ) सामान्य काननी नियमू । RAJASTHAN HIGH COURT, JODHPUR NOTIFICATION

Jodhpur, February 11, 2026 G.S.R.139 .-In pursuance of the Judgment dated 13-05-2025 passed by Hon'ble Supreme Court of India in Criminal Appeal No. 865/2025 titled Jitender @ Kalla Vs State (Govt. of NCT of Delhi) and Anr. and in the exercise of the powers conferred by Sections 34(1) and 16(2) of The Advocates Act, 1961, the Rajasthan High Court hereby makes the following Rules for Designation of an Advocate as Senior Advocate.

1. Short title and commencement.-

(i) These Rules shall be called 'The Rajasthan High Court (Designation of Senior Advocates) Rules, 2026'.

(ii) These Rules shall come into force from the date of their publication in the Official Gazette.

2. Definitions.-

(1) In these Rules unless the context otherwise requires-

(i) "Advocate" means an Advocate entered in any roll under the provisions of the Advocates Act, 1961.

(ii) "Chief Justice" means Chief Justice of the High Court of Judicature for Rajasthan.

(iii) "High Court" means the High Court of Judicature for Rajasthan.

(iv) "Judge" means a Judge of the High Court of Judicature for Rajasthan.

(v) "Permanent Secretariat" means the Secretariat established by the Chief Justice for the purpose of these Rules.

(vi) "Registrar General" means Registrar General of the High Court.

(vii) "State Bar Council" means the Bar Council of the State of Rajasthan and shall include the authority exercising such powers.

(viii) "Tribunal" includes any authority or person, legally authorised to take evidence and before whom Advocates are by or under any law for the time being in force, entitled to practice.

(2) All other words not specifically defined herein shall have the same meaning as those defined in the Advocates Act, 1961.

3. Permanent Secretariat.-

(i) There shall be a Permanent Secretariat, the composition of which shall be decided by the Chief Justice.

(ii) The processing of applications relating to the designation of Senior Advocates in the High Court shall be carried out by the Permanent Secretariat. The Chief Justice may, from time to time, issue such directions as deems necessary with regard to the functioning of the Permanent Secretariat, including the manner in which, and the source(s) from which, the necessary data and information pertaining to the designation of Senior Advocates are to be collected, compiled and presented. A register of designated Senior Advocates shall be maintained by the Permanent Secretariat.

4. Invitation of Applications.-

The Permanent Secretariat shall, as per direction of the Chief Justice, initiate the process for designation of Senior Advocates at least once every year by inviting applications from the Advocates.

5. Eligibility Qualifications.-

An Advocate shall be eligible to be designated as a Senior Advocate, if he/ she:

(i) has a minimum standing of 10 years at the Bar ordinarily practicing in the High Court /District Courts/ Specialized Tribunals or has been District & Sessions Judge in the cadre of Rajasthan Judicial Service with the combined standing as an Advocate and as District & Sessions Judge for at least 10 years; immediately preceding the date of consideration of his/her case for designation as a Senior Advocate;

(ii) has attained position of eminence at the Bar and possesses several qualities of a professional viz. integrity, respect, confidence, dependability, honesty, communication skills and commitment to administration of justice and rule of law.

(iii) possesses ability, legal acumen, special knowledge or distinction and reputation achieved in practice of law, such as he/she is always fair while conducting cases before the Courts and his/her behavior with the Judges and other members of the Bar is respectful;

(iv) has not been convicted by a competent court of law and should not have been punished for an offence involving moral turpitude or contempt of court or should not have been punished by the Bar Council of Rajasthan or by Bar Council of India for any act of misconduct;

(vi) acts as a mentor to the Junior Advocates;

(vii) has participated in pro-bono work;

(viii) maintains decorum while conducting cases before the Court;

(ix) always treats himself/ herself as an officer of the Court;

Explanation- An application by an Advocate mainly practicing before the Subordinate Courts/District Judiciary or before specialized tribunals and who has gained domain expertise, may be considered irrespective of his/her limited number of appearances before the High Court. The Permanent Secretariat may call for the views of the Principal District Judge or the Heads of the Tribunals on such application. Further, at the time of consideration of the application, the views of the Guardian/Administrative Judge of the concerned district may also be called for.

6. Disqualification.- The Candidature of an Advocate found to have been punished for professional misconduct by any Bar Council or who has been convicted by a competent Court of Law and punished for an offence involving moral turpitude or contempt of court, shall not be considered.

7. Application for designation as Senior Advocate.-

(i) An Advocate may submit an application seeking designation as a Senior Advocate, which shall contain his/her bio-data along with relevant documents as prescribed in Appendix-A. The submission of such application shall be deemed to be his/her consent for designation as a Senior Advocate.

(ii) The Advocate concerned shall append his certificate along with the application stating that he/she has not applied to any other High Court for being designated as Senior Advocate and that his/her application has not been rejected by any High Court or Supreme Court of Indian the last two years prior to the date of application.

8. Processing of applications for designation of Senior Advocate.-

On receipt of an application as mentioned in Rule 7 (i), the Permanent Secretariat will compile the relevant data and information with regard to the reputation, conduct and integrity of the Advocate(s) concerned including his/her participation in pro-bono work; reported judgments for the last five years in which the concerned Advocate has appeared and actually argued.

9. Consideration by Full Court.-

(i) All the applications that are forwarded by the Permanent Secretariat will be placed before the Full Court for consideration. The Full Court may designate Senior Advocate by taking into consideration his/her standing at the Bar, ability, special knowledge of law and high ethical standards maintained by him/her, both inside and outside the Court.

(ii) While considering the applications for designation of Senior Advocates, the Full Court shall make an endeavor to arrive at a consensus. However, if a consensus on Senior designation of Advocates is not arrived at, the decision-making shall be by a democratic method of voting. In case of voting, the decision shall be carried out by a majority of Judges present and voting, however, in case of tie, the Chief Justice shall have the deciding vote.

(iii) The Full Court may designate an Advocate as Senior Advocate subject to his/her consent, even if an Advocate deserving of such designation does not apply for it.

10. Review / Reconsideration of the cases not favourably considered.-

(i) If an application of an Advocate for designation as Senior Advocate has been considered and not approved by the Full Court, the Advocate concerned would be ineligible for being considered for designation as a Senior Advocate for a period of two years from the date of such decision and the intimation thereof shall be sent to the Advocate concerned.

(ii) After the lapse of the period as aforesaid, fresh application of such Advocate for designation as Senior Advocate received in the manner prescribed under Rule 7 (i), shall be open to be considered by the Full Court afresh.

11. Recalling of the designation.-

In the event a Senior Advocate is guilty of conduct which according to the Full Court disentitles the Senior Advocate concerned to continue to be worthy of the designation, the Full Court may review its decision designating the concerned person and recall the same. For this purpose, the Permanent Secretariat shall collect and prepare all relevant information as directed by the Chief Justice and after approval of the Chief Justice, place it with the relevant documents before the Full Court.

Provided that such Advocate shall be extended an opportunity of hearing in the manner determined by the Full Court.

12. Application for withdrawal of the designation.-

Nothing contained in these rules shall prevent an Advocate, who has been designated as Senior Advocate by the High Court, from submitting an application to withdraw or recall his/her designation as a Senior Advocate. In the event of receipt of such an application in the Permanent Secretariat the same shall be placed before the Full Court for consideration.

13. Notification of Designation/Recall or Withdrawal.- In the event of designation of an Advocate as a Senior Advocate or on recalling or withdrawal of such designation, the notification to that effect shall be issued and published in such manner as may be directed by the Chief Justice. The notification issued as aforesaid shall be forwarded by the Registrar General to the Secretary General, Supreme Court of India, allभाग 4 (ग) राजस्थान राज-पत्र, फरवरी 18, 2026 684 the High Courts, Secretary to the Bar Council of India and Secretary to the Bar Council of Rajasthan and also to all District & Sessions Judges subordinate to the Rajasthan High Court. 14. Obligations and Functions of the Senior Advocate.- (1) The Senior Advocate shall not:

(i) File a vakalatnama or act in any court or Tribunal in India;

(ii) Appear without an Advocate on record in the Supreme Court or without an Advocate in Part II of the State Roll in any court or tribunal or before any person or other authorities mentioned in Section 30 of the Advocates Act, 1961;

(iii) Accept instructions to draw pleadings or affidavits, advise on evidence or do any drafting work of any analogous kind in any court or tribunal in India or undertake conveyancing work of any kind whatsoever. However, this prohibition shall not extend to settling any such matter as aforesaid, in consultation with a junior; (iv) Accept directly from a client any brief or instructions to appear in any court or tribunal in India.

(v) Be a standing counsel of any government, public sector undertaking, institution or local or corporate body and if he holds such a position, he shall resign or relinquish the same upon being designated as a Senior Advocate.

Explanation: 'act' means filing an appearance or any pleadings or applications in any court or tribunal in India or any act (other than pleadings) required or authorized by law to be done by a party in such court or tribunal either in person or by his recognized agent or by an Advocate or Attorney on his behalf.

(2) A Senior Advocate shall maintain the highest standard of candour, fairness, and diligence, and shall take all possible care to ensure that pleadings settled and argued by him/her do not contain any suppression or misrepresentation of material facts.

15. Rights and Privileges of the Senior Advocate.-

(i) The Senior Advocate shall be entitled to such rights and privileges conferred by the practice of Senior Advocate under the Advocates Act, 1961;

(ii) The Senior Advocate shall be entitled to wear special robe meant for Senior Advocates.

16. Repeal and Savings.-

The Rajasthan High Court (Designation of Senior Advocates) Guidelines, 2019, with all amendments/modifications are hereby repealed and substituted by these Rules. However, this shall not by itself, invalidate the actions taken under the repealed Guidelines and all those actions are saved under these Rules.

[ No. 03 /S.R.O/2026/ ]

By order

CHANCHAL MISHRA,

REGISTRAR GENERAL.

APPENDIX-A PROFORMA OF BIO-DATA AND UNDERTAKING

VERIFICATION

I…………………………………….., Advocate, do hereby verify that contents of para Nos.1 to 31 of this bio-data are true and correct to my personal knowledge.

SIGNATURE

CERTIFICATION

I…………………………………….., Advocate, do hereby certify that I have neither been punished for professional misconduct by any Bar Council nor convicted or punished by a competent Court of Law for any offence involving moral turpitude or contempt of court.

SIGNATUREभाग 4 (ग) राजस्थान राज-पत्र, फरवरी 18, 2026 688 UNDERTAKING I undertake that upon designation as Senior Advocate, I shall appear and argue pro- bono cases as assigned to me by any Authority under the Legal Services Authority Act, 1987.

Date:

Place:

SIGNATURE

Recent passport

size attested

photograph of

the applicant

____________

Government Central Press, Jaipur.