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BIHAR GAZETTE (EXTRA) 23RD NOVEMBER 2021
(AFTER AMENDMENT)
The Chapter XXIV-A of the Rules of the High Court at Patna, 1916 titled
“Rules framed by the High Court of Judicature at Patna in exercise of the powers
conferred under Section 15(2) [sic 16(2)] of the Advocates Act, 1961” is hereby
repealed and substituted by the following Rules with immediate effect:-
In exercise of the powers conferred by Sections 16(2) and 34(1) of the
Advocates Act, 1961 (Central Act 25 of 1961), the High Court of Judicature at
Patna hereby makes the following Rules regarding designation of an Advocate as a
Senior Advocate:-
RULES
1.
(a) These Rules shall be called "The High Court of Judicature at Patna
(Designation of Senior Advocates) Rules, 2019."
(b) These Rules shall come into force at once.
(c) The term “High Court” wherever appears shall mean the High Court
of Judicature at Patna.
2. The High Court may designate an Advocate as a Senior Advocate, if in its
opinion, by virtue of his/her ability, standing at the Bar, or special knowledge or
experience in law, the said Advocate deserves conferment of such distinction.
3.
An Advocate may be considered for being designated as a Senior Advocate:
(a) On his/her name being proposed by the Chief Justice or any other
Judge of the High Court of Judicature at Patna;
(b) On his/her name being recommended by any two designated Senior
Advocates practising in the High Court 1[and not more than two such
names shall be recommended by a designated Senior Advocate in
selection process.]
(c) On application made by the Advocate concerned, endorsed by two
designated Senior Advocates practising in the High Court 2[and these
two designated Senior Advocates shall not recommend more than
two applications in a selection process.]
4. An advocate shall be considered for being designated as a Senior Advocate
only if he/she has actually practised as an Advocate for not less than ten years in the High
Court.
5.
The Advocate whose name is proposed/recommended for being designated
as a Senior Advocate/who applies for being designated as a Senior Advocate, should be
an income-tax assessee for a minimum period of ten (10) years and shall submit copies of
income tax return for the last three financial years 3[and the average net income from
profession shall not be less than Rs. 4[5 lakhs (five lakhs)] for the said three years.]
6. (a)
Proposals for designation of an Advocate as a Senior Advocate by a
Judge of the High Court of Judicature at Patna shall be addressed to
the Chief Justice. Recommendations by Senior Advocates and
applications by Advocates shall be addressed to the Registrar General
and shall contain the particulars set out in the proforma in Annexure
A to these rules, which shall be enclosed with the application.
(b)
The written consent of the Advocate concerned shall accompany the
proposal/recommendation for designation as a Senior Advocate
1 Inserted by C.S. No. 168
2 Inserted by C.S. No. 168
3 Inserted by C.S. No. 168
4 Amended by C.S. No. 169
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BIHAR GAZETTE (EXTRA), 23RD NOVEMBER 2021
along with a declaration by the Advocate concerned that no
proposal/ recommendation/ application to designate him/her as
a Senior Advocate has been rejected by the Supreme Court of
India or the High Court of Judicature at Patna and/or any other
High Court in India, within a period of two years immediately
preceding the date of the proposal/ recommendation/ application.
(c)
If the proposal for designation of an Advocate as a Senior
Advocate is made under Clause (a) of Rule 3 above, the
particulars mentioned in Rule 6(a) shall be obtained from the
Advocate concerned, by the Secretariat mentioned in Rule 7(b) of
these Rules. In the case of recommendations made under clause (b)
and applications filed under clause (c) of Rule 3 above, the
particulars mentioned in Rule 6(a) shall be supplied by the Advocate
concerned.
(d)
Canvassing in any form shall disqualify the Advocate concerned
from being designated.
7.
(a)
The proposal/recommendation/application for designation as a
Senior Advocate shall be processed by a Permanent Committee
of the High Court known as the "Committee for Designation
of Senior Advocates" (hereinafter referred to as "the Committee"
for short). The Permanent Committee will be headed by the Hon’ble
the Chief Justice and consist of two senior-most Hon’ble Judges of
this Court and the Learned Advocate General who will be the
Members of this Permanent Committee. The above four Hon’ble
Members of the Permanent Committee will nominate a Member of
the Bar to be the fifth Member of the Permanent Committee.
(b)
The Secretariat of the Registrar General of the High Court shall be
the Secretariat of "the Committee" and the Registrar General of
the High Court shall be the ex-officio Secretary of "the Committee".
(c)
The Committee shall meet at least once in every calendar year.
8. The Secretariat of "the Committee" shall as soon as proposals/
recommendations/applications for designation are received, cause a summary of the
proposals/recommendations/applications for designation to be published on the official
website of the High Court of Judicature at Patna and invite suggestions/views of the
members of the Bar and other stakeholders in the matter, within 30 days from the
date of publication. The suggestions/views shall be in writing, shall bear the name and
full address of the sender and shall be addressed to the Registrar General of this High
Court. Anonymous petitions/representations will not be entertained.
9. All proposals/ recommendations/ applications for designation as Senior
Advocates shall be scrutinised by the Secretariat of "the Committee", which shall collect
relevant data and information with regard to the reputation, conduct and integrity
of the Advocate concerned; verify the details regarding his/her participation in pro bono
work (Legal Services Authority), if any; reported judgments in which he/she has
appeared; the number of such judgments reported during the last five years and other
matters referred to in the particulars furnished in terms of Rule 6(a) and submit a
report to "the Committee" regarding every proposal/recommendation/application
submitted for seeking designation.
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BIHAR GAZETTE (EXTRA) 23RD NOVEMBER 2021
10. The Secretariat of "the Committee" shall place the proposals/
recommendations/ applications for designation before "the Committee" after the expiry of
the period of 30 days from the date of publication of the proposals/
recommendations/applications for designation on the official website of the High Court of
Judicature at Patna.
11. The Committee shall examine each proposal/ recommendation/application for
designation as Senior Advocate in the light of the materials on record including the
materials provided by the Secretariat and the suggestions/ views of the members of the
Bar and other stakeholders. The Committee shall after holding interview/interaction with
the Advocate concerned, make an overall assessment and place the proposals/
recommendations/ applications for designation, before the Full Court for consideration,
along with its recommendations.
12. A proposal/recommendation/application for designation as a Senior Advocate
shall be considered as accepted by the Full Court if majority of the Judges present and
voting, vote in favour of such proposal/ recommendation/ application. Voting by secret
ballot will be resorted to, only if the situation so warrants and even in case of holding of
such secret ballot, the proposal/recommendation/application for designation as a Senior
Advocate shall be considered as accepted, 5[if the Judges present and voting by not less
than two-third majority], vote in favour of the proposal/ recommendation/ application.
13. A proposal/recommendation/application for designation which is not
accepted by the Full Court can be considered afresh only after the expiry of a period of
two years from the date on which the proposal/ recommendation/ application was not
accepted by the Full Court and that too, only on receipt of a fresh proposal/
recommendation/ application for such designation.
14. (a)
The designation of an Advocate as a Senior Advocate shall be liable
to be revoked, after due notice to him/her, in the event of the
Advocate being found by the Bar Council of India/Bihar State Bar
Council /Bar Council of any other State that he/she has committed
professional/other misconduct or if the High Court is satisfied that
he/she has violated all or any of the provisions of the Rules framed
and issued by the High Court of Judicature at Patna under sub-section
(1) of Section 34 of the Advocates Act, 1961. The designation shall
also be liable to be revoked after due notice to the Senior Advocate
concerned if he/she is guilty of any misconduct which, in the
opinion of the High Court, disentitles him/her to continue to be
worthy of the designation or if he/she is convicted for an offence
involving moral turpitude or for contempt of court. The proposal for
revocation of designation shall be considered as accepted by the
Full Court if two-third of the Judges present and voting, vote in
favour of such revocation.
(b)
Nothing contained in these rules shall stand in the way of an
Advocate who has been designated by the High Court of
Judicature at Patna 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 Registrar General being submitted, the Registrar General
shall place it before the Chief Justice for appropriate orders thereon.
5 Inserted by C.S. No. 168
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BIHAR GAZETTE (EXTRA), 23RD NOVEMBER 2021
15. On the designation of an Advocate as a Senior Advocate or on the
revocation or withdrawal of such designation, the Registrar General shall notify the said
fact to the Registrar General, Supreme Court of India, the Bihar State Bar Council , the
Bar Council of India, the Bar Council of other States in India and to all the District and
Sessions Judges subordinate to the High Court of Judicature at Patna. The notification
shall also be published on the official website of the High Court and a copy there of
communicated to the Judges of the High Court.
16. A record of all decisions relating to designation/ revocation/ withdrawal of
designation shall be maintained by the Secretariat of the Committee.
17. On the date of coming into force of these Rules, the Rules framed and issued
by the High Court of Judicature at Patna under Section 16(2) of the Advocates Act, 1961,
and appearing in Chapter XXIV of the Rules of the High Court of Judicature at Patna
shall stand repealed and substituted.
18. All pending applications for designation shall be returned to the applicants
concerned for applying afresh in accordance with these Rules. All pending proposals/
recommendations for designation shall also be likewise returned.
ARUN KUMAR JHA,
Registrar General I/c.
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BIHAR GAZETTE (EXTRA) 23RD NOVEMBER 2021
ANNEXURE A
PROFORMA
1.
Name
2.
Qualifications
3.
Date of birth
4.
Permanent Address
5.
Address to which communications are to be sent
6.
Date of enrolment as Advocate and place of
enrolment
7.
Number in the roll of Advocates maintained by the State
Bar Council.
8.
Are you a member of any Association of Lawyers?
If so, give details.
9.
Number of years of practice and in which Court?
10.
Have you specialised in any field of law?
If so, give details.
11.
Have you been a chamber junior to any lawyer?
If so, furnish the name of such lawyer/lawyers and the
duration.
12.
Is any junior Lawyer attached to your chamber?
If so, furnish the name(s) of such lawyer(s) and the
duration.
13.
(i)
Since when have you been an assessee under the Income
Tax Act, 1961? Give income tax return of last three
financial years.
(ii) Permanent Account Number (PAN)-
14.
Are you in any panel of lawyers or do you hold office
as State or Central Government Pleader?
15.
List of important cases in which you have appeared as
counsel.
Affix
recent
passport
size
photo
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BIHAR GAZETTE (EXTRA), 23RD NOVEMBER 2021
16.
Do you have to your credit any publication in any
Journal? If so, give details.
17.
Have you attended any seminar/conference relating
to law?
18.
Have you been a faculty member of any Law College
or Law Department of any University or Law
University')
19.
Has the Bar Council of India/ Bihar Bar Council / Bar
Council of any other State found you guilty of
misconduct or is any such proceeding for misconduct
pending? If so, give details.
20.
Have you been convicted for an offence involving
moral turpitude/is any such proceeding pending
against you'! If so, give details.
21.
Has any proposal/application for designating you as
a Senior Advocate been made to the High Court of
Judicature at Patna or any other Court earlier? If so,
provide the details.
22.
Are you ordinarily practising within the territorial
limits of the jurisdiction of the High Court of
Judicature at Patna?
23.
Other information/particulars, if any, including legal
aid work.
By order of the Court,
ARUN KUMAR JHA,
Registrar General I/c.
Explanatory Note
(This does not form part of the notification, but is intended to indicate its general
purport.)
The Honourable Supreme Court in its judgment dated 12.10.2017 passed in W.P.(C)
No. 454/2015 entitled Indira Jaisingh v. Supreme Court of India through Secretary General and
others (AIR 2017 SC 5017), laid down norms/guidelines for designation of an Advocate as a
Senior Advocate.
The High Court after considering the matter in detail decided to issue separate
rules providing guidelines for designation of an Advocate as a Senior Advocate.
This notification is intended to achieve the above object.
ARUN KUMAR JHA,
Registrar General I/c.
————
PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA.
Bihar Gazette (Extra) 961—571+100—Egazette
Website: http://egazette.bih.nic.in
