REGISTERED NO. PT.-40
EXTRA ORDINARY
PUBLISHED BY AUTHORITY 27 BHADRA 1947 (S)
(NO.PATNA 1531) PATNA, THURSDAY, 18TH SEPTEMBER 2025 PATNA HIGH COURT ——————— NOTIFICATION The 18th September 2025 ADDENDA AND CORRIGENDA TO
THE RULES OF THE HIGH COURT AT PATNA, 1916
C.S. No. – 180
No. 2560 (R)—The Chapter XXIV-A of the Rules of the High Court at Patna, 1916 titled "The High Court of Judicature at Patna (Designation of Senior Advocates) Rules, 2019" as amended from time to time is hereby repealed and substituted by the following Rules with immediate effect:-
THE HIGH COURT OF JUDICATURE AT PATNA (DESIGNATION OF SENIOR ADVOCATES) RULES, 2025
In exercise of the powers conferred by Sections 16(2) and 34(1) of the Advocates Act, 1961 (Act No. 25 of 1961), the High Court of Judicature at Patna hereby makes the following Rules regarding designation of an Advocate as a Senior Advocate:-
1. Short title, extent and commencement:-
(a) These Rules shall be called "The High Court of Judicature at Patna (Designation of Senior Advocates) Rules, 2025."
(b) These Rules shall apply to the procedure for designation of an Advocate as a Senior Advocate by the High Court of Judicature at Patna.
(c) These Rules shall come into force with effect from the date of publication in the official gazette.
2. Definitions:- In these Rules, unless the context otherwise requires:-
2 BIHAR GAZETTE (EXTRA) 18TH SEPTEMBER 2025(a) (i) "Advocate" means an advocate entered in the roll of the Bihar State Bar Council under the provisions of the Advocates Act, 1961 (Act No. 25 of 1961) practising within the State of Bihar before the High Court of Judicature at Patna, the District Court of the State of Bihar or the Specialised Tribunals within the State of Bihar.
(ii) "Chief Justice" means the Chief Justice or the Acting Chief Justice of the High Court of Judicature at Patna.
(iii) "District Court" means the Courts established within the Judgeships of Bihar and it also includes the Sub-divisional Courts, functioning under supervisory control of the High Court of Judicature at Patna.
(iv) "Full Court" means Full Court of the High Court of Judicature at Patna as prescribed under the Rules of the High Court at Patna, 1916.
(v) "High Court" means the High Court of Judicature at Patna. (vi) "the Permanent Committee" means committee for Designation of Senior Advocates of the High Court of Judicature at Patna.
(vii) "the Permanent Secretariat of the High Court" means 'Senior Advocate Designation Secretariat' of the establishment of the High Court of Judicature at Patna.
(viii) "Registrar General" means the Registrar General of the High Court of Judicature at Patna.
(ix) "the District Permanent Committee" means District Permanent Committee for Designation of Senior Advocates of the concerned District Court.
(x) "the Secretariat of the District Court" means The Secretariat of the Registrar/Court Manager of the concerned District Court.
(xi) "Specialised Tribunals" means the tribunals established and functioning within the precincts of the State of Bihar and under supervisory control of the High Court of Judicature at Patna.
(b) Words and expressions used herein and not defined but defined under the Advocates Act, 1961 and the Rules of the High Court at Patna, 1916 shall have the meanings respectively assigned to them in that Act and Rules.
3. (a) The High Court may designate an Advocate as a Senior Advocate on an application made by the Advocate for grant of designation considering the same as consent of the Advocate concerned, if in its opinion, by virtue of his/ her ability, standing at Bar or special knowledge or experience in law, the said Advocate deserves conferment of such distinction. (b) Additionally, the High Court may consider and confer designation to an Advocate dehors an application in a deserving case.
4. An Advocate may be considered for being designated as a Senior Advocate:
(a) On his/her name (Advocate practising in High Court/ Tribunals & District Court) being recommended by any two designated Senior Advocates practising in the High Court, District Court, and/ or Tribunals as the case may be.
(b) On application made by him/her (Advocate practising in High Court/ Tribunals & District Court), duly recommended by two designatedBIHAR GAZETTE (EXTRA) 18TH SEPTEMBER 2025 3 Senior Advocates practising in the High Court, District Court and/or Tribunals as the case may be.
Provided that a Senior Advocate shall not recommend more than two applications of the Advocates from High Court/ Tribunals and similarly not more than two applications from the District Court.
5. 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/ District Court/ Tribunals.
6. (a) The Applicant Advocate practising in High Court/ Tribunals should be an income-tax assessee for a minimum period of ten (10) years and shall submit copies of income tax return for the preceding three financial years and the net income from profession shall not be less than Rs. 5 lakhs per annum for said three years.
(b) The Applicant Advocate practising in District Court should be an income-tax assessee for a minimum period of five (05) years and shall submit copies of income tax return for the preceding three financial years and the average net income from profession shall not be less than Rs. 3 lakhs per annum for said three years.
7. (a) Applications by Advocates/ Recommendation by Senior 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 recommendation/ application.
(b) If the proposal for designation of an Advocate as a Senior Advocate is made under Rule 4 above, the particulars mentioned in the proforma at Annexure- A shall be supplied by the Advocate concerned.
(c) The written consent of the Advocate concerned shall accompany the recommendation/ application for designation as a Senior Advocate along with a declaration by the Advocate concerned that no 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 recommendation/ application.
(d) Canvassing in any form shall disqualify the Advocate concerned from being designated.
8. (a) (i) The 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".
The Permanent Committee shall consist of the Hon'ble the Chief Justice, two senior-most Hon'ble Judges of this Court and the Learned Advocate General. 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. The Permanent Committee will be headed by the Hon'ble the Chief Justice.
(ii) The Senior Advocate Designation Secretariat of the High Court shall be the Secretariat of "the Permanent Committee" and the Registrar General of the High Court shall be the ex-officio Secretary of "the Permanent Committee".
(b) (i) There shall be a Permanent Committee of the concerned District Court known as the "District Permanent Committee for Designation of4 BIHAR GAZETTE (EXTRA) 18TH SEPTEMBER 2025 Senior Advocates" for assisting the Permanent Committee of the High Court with regard to the applications/ recommendations of Advocates from District Court.
The District Permanent Committee shall consist of the Principal District & Sessions Judge, two senior-most Judges and the senior-most Government Pleader/ Public Prosecutor of concerned District Court. The above four Members of the District Permanent Committee will nominate a Member of the District Bar to be the fifth Member of the District Permanent Committee.[Subject to a prerequisite that 4th and 5th member of the District Permanent Committee i.e. senior-most Government Pleader/ Public Prosecutor and Member from the District Bar shall not be part of the Designation Process as an Applicant Advocate] The District Permanent Committee will be headed by the Principal District & Sessions Judge. The District Permanent Committee shall meet at least once every year.
(ii) The Secretariat of the Registrar/Court Manager of the concerned District Court shall be the Secretariat of "the District Permanent Committee" and the Registrar/Court Manager of the concerned Civil Court shall be the ex-officio Secretary of "the District Permanent Committee".
9.(a) The Permanent Secretariat of the High Court shall initiate the process of designation of Senior Advocates at least once in every calendar year.
(b) All applications for designation as Senior Advocates shall be scrutinised by the Permanent Secretariat of the High Court. If an application is found to be defective/ incomplete, the Permanent Secretariat of the High Court shall grant a period of 15 days to the applicant Advocates for rectification of the application form/ submission of the missing documents.
(c) The Permanent Secretariat shall collect relevant data and information with regard to character, conduct, honesty, reputation, and integrity of the Advocate concerned; verify the details regarding his/her participation in pro bono work, 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 7(a) and submit a report to "the Permanent Committee" regarding every recommendation/application submitted for seeking designation.
(d) In case of the Advocates practising in District Court, the Permanent Secretariat of the High Court shall obtain the views of the District Permanent Committee.
(e) Similarly, in case of the Advocates practising before Tribunals, the Permanent Secretariat of the High Court shall obtain the views of head of the respective tribunals.
10. Thereafter, the Permanent Secretariat of the High Court shall cause a summary of the 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 and shall bear the name and full address of the sender and shall be addressed to the Registrar General. AnonymousBIHAR GAZETTE (EXTRA) 18TH SEPTEMBER 2025 5 petitions/representations will not be entertained. Subsequently, the Permanent Secretariat of the High Court after completion of stipulated window of 30 days shall place the summary of the applications for designation before the Permanent Committee.
11. The Permanent Committee shall examine each recommendation/application for designation as Senior Advocate in the light of the materials on record including the materials provided by the Secretariat of the High Court, the Secretariat of "the District Permanent Committee" and the suggestions/views of the members of the Bar and other stakeholders. Thereafter, the Registrar General with the order of the Permanent Committee shall place the same before the Hon'ble Full Court for consideration.
12. (a) The decision-making on the application/ recommendation for designation by the Full Court, as far as possible, shall be by consensus. However, if a consensus on designation of Advocates is not arrived at, the decision-making shall be made by a democratic process and shall be governed by a majority of votes.
(b) In case of voting, an application/ recommendation 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 application.
(c) 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 reason for the same shall be recorded in writing and the application/ recommendation for designation as a Senior Advocate shall be considered as accepted by the Full Court if the Judges present and voting (by not less than two-third majority), vote in favour of the recommendation/application.
13. (a) A recommendation/ application for designation which is not favourably considered by the Full Court can be considered afresh only after the expiry of a period of two years from the date on which the recommendation/ application was not accepted by the Full Court. After the expiry of the period, the Advocate may apply afresh in terms of the procedure applicable on the date of the fresh application.
(b) All cases deferred by the Full Court for designation as Senior Advocate shall not be considered until the expiry of one year from the date of the decision of the Full Court. After the expiry of the period, the Advocate may apply afresh in terms of the procedure applicable on the date of the fresh application.
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.
(b) 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.
6 BIHAR GAZETTE (EXTRA) 18TH SEPTEMBER 2025(c) 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.
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 Secretary General, Supreme Court of India, Registrar General of all other High Courts, the Bar Council of India, the Bihar State Bar Council, the Bar Council of other States in India, all the Principal District and Sessions Judges of District Court and the Heads of the Tribunals. The notification shall also be published on the official website of the High Court and a copy thereof shall be communicated to the Judges of the High Court. The final decision of the Full Court will be communicated individually to all the applicants.
16. A record of all decisions relating to designation/ revocation/ withdrawal of designation shall be maintained by the Permanent Secretariat of the High Court.
17. Repeal and Savings:-
(a) The High Court of Judicature at Patna (Designation of Senior Advocates) Rules, 2019 as amended from time to time are hereby repealed.
(b) Notwithstanding such repeal,
(i) Anything done or any action taken or purported to have been done or taken under the repealed rules shall, in so far as it is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.
(ii) Any action pending at the time of commencement of these rules shall be continued and disposed of in accordance with the provisions of the repealed rules.
18. All questions relating to the interpretation and/or application of these Rules shall be referred to the Chief Justice, whose decision in consultation with the Permanent Committee shall be final. The Chief Justice may issue directions for the removal of difficulties either in general terms or in a particular instance as the exigencies may require.
BIHAR GAZETTE (EXTRA) 18TH SEPTEMBER 2025 7ANNEXURE-A APPLICATION FOR DESIGNATION AS SENIOR ADVOCATE [FOR ADVOCATES-ON-RECORD/ ADVOCATES]
| R ecent Passport size colour photograph (original) to be pasted here | ||||||||||||||
| 1 . | Name of the Applicant-Advocate: (Dr./Mr./Mrs./Ms.) | |||||||||||||
| 2. | Date of Birth | |||||||||||||
| D | D | M | M | Y | Y | Y | Y | |||||||
| 3. | (i) Since when have you been an assessee under the Income Tax Act, 1961 (Attach income tax return of last three financial years. ) (ii) Permanent Account Number (PAN)- | |||||||||||||
| 4. | Address in full: | (i) Office - | ||||||||||||
| (ii) Residence - | ||||||||||||||
| 5. | Contact Details: | (i) Landline - | ||||||||||||
| (ii) Cellphone - | ||||||||||||||
| (iii) Email - | ||||||||||||||
| 7. | (i) Date, Month and Year of Enrolment as an Advocate ( ii) Enrolment Number (Copy of Enrolment Certificate to be attached) ( iii) Number of years of practice from the date of enrolment | _______ YEARS | D | D | M | M | Y | Y | Y | Y | ||||
| 8. | (i) Bar Council, where registered; ( ii) Whether registered as an Advocate-on- Record. If so, date, month and year of registration; and (iii) AOR Code Number/ AUIN | D | D | M | M | Y | Y | Y | Y | |||||
| 9. | Number of reported judgments (excluding orders that do not lay down any principle of law) in last five years in cases in which the applicant has appeared as- ( i) lead arguing counsel; and ( ii) assisting counsel | Lead Arguing counsel (Number of Judgments only) | Assisting Counsel (Number of Judgments only) | |||||||||||
| 10. | Number of unreported judgments (excluding orders that do not lay down any principle of law) in last five years in cases in which the applicant has appeared as- (i) lead arguing counsel; and (ii) assisting counsel | Lead Arguing counsel (Number of Judgments only) | Assisting Counsel (Number of Judgments only) | |||||||||||
| 11. | Pro bono/ amicus curiae work during last five years. | |||||||||||||
| 12. | Five synopses for evaluation (Copies of synopses to be attached) | |||||||||||||
| 13. | Whether the applicant is a first generation lawyer. |
| 14. | Articles/books published, experience of teaching assignments in the field of law, guest lectures delivered in law schools or professional institutions connected with law. (attach supporting documents) | Academic Articles/ Books | Teaching Assign- ment(s) | Guest lectures delivered in law schools or professional institutions connected with law. | ||||
| 15. | Whether the applicant is a member of the High Court Bar Association / Supreme Court Advocates-on-Record Association | |||||||
| 16. | Courts where the applicant is practising: (Court-wise period may be indicated) | Name of the Court (Supreme Court of India/High Court(s) /District/ Lower Court(s)/ Tribunal(s) etc.) | From | To | ||||
| 17. | Nature of practice - e.g. Civil, Criminal, Constitutional, Taxation, Labour, Company, Service, etc. | |||||||
| 19. | Field of Law-domain expertise (such as Constitutional law, Inter-State Water Disputes, Criminal law, Arbitration law, Corporate law, Family law, Litigation, Human Rights, International law, Public law Interest relating to women) in which the applicant has specialization / expertise. | |||||||
| 20. | Whether the applicant had applied earlier to |
| the Patna High Court for designation; if so, current status of application. | ||||
| 21. | Whether the applicant has applied to Supreme Court/any other High Court; if so, current status of application. | |||
| 22. | Whether any FIR has ever been filed against the applicant; if so, current status must be indicated. | |||
| 23. | Whether the applicant is a party to any civil, criminal or other litigation. If so, the nature of involvement. | |||
| (i) | Has the applicant at any point of time been: | |||
| (a) | Arrested? | |||
| (b) | Prosecuted? | |||
| (c) | Kept under detention? | |||
| (d) | Bound down? | |||
| (e) | Fined by a court of law? | |||
| (f) | Convicted by a court of law of any offence? | |||
| (g) | Debarred from any examination or rusticated by any authority/institution council? | |||
| (h) | Debarred/disqualified by any public commission/authority? | |||
| (ii) | Is any case pending against the applicant in any court of law at the time of submitting this application? | |||
| (iii) | If the answer to any of the above-mentioned questions is 'Yes', give full particulars of the case / arrest / detention / fine / conviction / sentence / punishment etc. and / or the nature of the case pending in the Court / Authority or Institution etc., at the time of submitting this application. | |||
| 24. | Whether any proceedings were initiated or are pending against the applicant before Bar Council of India or State Bar Council? If so, particulars thereof. | |||
| 25. | General state of health |
| 26. | Any other relevant information | |
| DECLARATION I Advocate-on-Record/ Advocate hereby give consent for being designated as Senior Advocate. I hereby verify that the information furnished above is true and correct to the best of my knowledge and belief. Nothing material is concealed or suppressed therefrom. I understand that furnishing of false information or suppression of any factual information would render me unfit for being designated as Senior Advocate. Date:- [ Signature of the Applicant] |
PRESCRIBED FORMATS LEAD ARGUING COUNSEL (List of Reported Judgments (excluding orders not laying down any principle of law in the last five years) (attach supporting documents)
| Sl. No. | Court(s) | Citation/ Case Number | Cause Title and Subject Matter | Decided on | Legal formulation advanced by the applicant |
ASSISTING COUNSEL (List of Reported Judgments (excluding orders not laying down any principle of law in the last five years) (attach supporting documents)
| Sl. No. | Court(s) | Citation/ Case Number | Cause Title and Subject Matter | Decided on | Legal formulation advanced by the applicant |
(List of Unreported Judgments (excluding orders not laying down any principle of law in the last five years) ( attach supporting documents)
| Sl. No. | Court(s) | Citation/ Case Number | Cause Title and Subject Matter | Decided on | Legal formulation advanced by the applicant |
ASSISTING COUNSEL (List of Reported Judgments (excluding orders not laying down any principle of law in the last five years) ( attach supporting documents)
| Sl. No. | Court(s) | Citation/ Case Number | Cause Title and Subject Matter | Decided on | Legal formulation advanced by the applicant |
List of matters in which you have appeared as Pro-Bono/ Amicus Curiae in the last five years
| Sl. No. | Court(s) | Citation/ Case Number | Cause Title and Subject Matter | Decided on | Reportable/ Unreportable |
Details of five Synopses
(attach supporting documents)
| Sl. No. | Court(s) | Case Number | Cause Title | Details |
| Sl. No. | Topic of published academic articles/ Books/ Lecture/ Courses (attach supporting documents) | Experience details of teaching assignment and guest lectures delivered in law schools or professional institutions connected with law | Names of law schools or professional institutions connected with law. | Any other relevant details |
By order of the Court, Pradeep Kumar Malik, Registrar General.
(X-02-2025) Adm. (Rules) Dept.
———— PUBLISHED AND PRINTED BY THE SUPERINTENDENT, BIHAR SECRETARIAT PRESS, PATNA.