The Delhi High Court has ruled that retired judges from outside Delhi cannot be granted senior advocate status.
The court upheld Rule 9B of the High Court of Delhi Designation of Senior Advocate Rules, 2024, which restricts this designation to retired officers of the Delhi Judicial Service (DHJS).
A bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela dismissed a petition filed by retired Uttar Pradesh judge Vijay Pratap Singh.
The petitioner challenged Rule 9B, calling it arbitrary and discriminatory.
He argued that it violates Articles 14, 19(1)(g), and 21 of the Constitution by limiting senior advocate designation only to retired Delhi High Court Service officers with at least 10 years of service.
The court clarified that the senior advocate designation grants privileges but does not prevent anyone from practicing law in any court, including the Supreme Court.
It also stated that assessing the professional conduct and reputation of a lawyer is crucial before granting the title.
The Delhi High Court can evaluate retired DHJS officers based on its internal records, but it does not maintain similar records for retired judges from other states.
The ruling emphasized that retired judges from other states must apply under Rule 9A, which requires 10 years of advocacy experience.
Rule 9B grants automatic eligibility for retired DHJS officers without a marks-based evaluation. The court found no constitutional violation in this policy.
Supreme Court lawyer ML Lahoti backed the ruling, stating that retired judges should seek senior advocate status in the High Court of their respective states.
Retired Uttarakhand High Court judge Lokpal Singh also supported the decision.
He clarified that the rule does not violate fundamental rights but ensures a fair assessment of Delhi’s retired judicial officers.
The court reaffirmed that Rule 9B is constitutional and applies only to retired Delhi judges.
It upheld the Delhi High Court’s authority to grant senior advocate status based on internal records and familiarity with a candidate’s judicial conduct.
The ruling sets a precedent for similar policies in other states.
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