Department of Legal Affairs sets 5-year minimum practice for Supreme Court Group A panel counsel

In a move to standardise the selection of lawyers representing the Union of India, the Department of Legal Affairs under the Ministry of Law and Justice has issued fresh guidelines for the empanelment of advocates as Panel Counsel. The Office Memorandum, dated August 20, 2026, applies to assignments before the Supreme Court, High Courts, district courts, and tribunals.

New Norms for Union’s Legal Defence

The guidelines replace earlier informal practices with a clear framework. Every applicant must hold a recognised Bachelor’s degree in law, be enrolled with the relevant State Bar Council, and — critically — have cleared the All-India Bar Examination (AIBE) with a valid Certificate of Practice. This brings uniformity to a process that previously left the AIBE requirement ambiguous.

Eligibility Bar Raised: Experience Matters

For the Supreme Court, the Department has introduced a tiered experience requirement. Group A Panel Counsel must have at least five years of legal practice, Group B four years, and Group C three years. More than just the number of years, the Department will evaluate the “nature, complexity and category of cases handled” and the advocate’s “ability to conduct high-stakes matters.”

For High Courts across the country, the guidelines prescribe a three-tier structure: 10 years of practice for Deputy Solicitor General, five years for Senior Panel Counsel, and four years for Central Government Counsel. This pattern applies to High Courts in Andhra Pradesh, Gujarat, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Punjab & Haryana, and several others.

Specialised panels for laws such as Income Tax, Customs, GST, and PMLA will consider advocates with expertise in those areas. Government servants with 10 years of legal work experience may also be empanelled based on their domain knowledge.

Grounds for De-Empanelment and Resignation

The Central Government retains the right to de-empanel an advocate at any time. Grounds include “acting contrary to instructions, failing to return briefs, misappropriation of money (court fees/costs etc.), contempt of court, professional misconduct, or conviction by a court of law.” An advocate who wishes to resign must give at least one month’s prior notice and return all case files within 15 days of the notice period or expiry of empanelment.

Safeguards and Restrictions

Empanelled advocates cannot assign or delegate cases to others without prior written approval. Strict confidentiality must be maintained regarding all information relating to the Ministry or Department. The allocation of cases is entirely at the Department’s discretion, and empanelment does not guarantee a minimum number of assignments.

The guidelines also introduce an annual performance review. Professional fees will be governed by a schedule approved by the Department, which may be revised from time to time.

Key Observations from the Office Memorandum

  • “The Applicant should have a Bachelor's degree in law from a university/college recognized by the Bar Council of India.”
  • “The Applicant must have qualified the All-India Bar Examination (AIBE) and obtained Certificate of Practice (CoP).”
  • “The tenure of empanelment shall be for a period of three years or until further orders, whichever is earlier.”
  • “The Central Government may de-empanel an advocate at any time for acting contrary to instructions, failing to return briefs, misappropriation of money… contempt of court, professional misconduct, or conviction by a court of law.”
  • “The empanelled advocate shall maintain strict confidentiality with respect to all information, records, documents, and matters relating to the Ministry/Department/Organization.”

Effective Date and Transition

The guidelines take effect from August 20, 2026. Previously empanelled advocates will continue until the completion of their respective tenures. The Department has stated that all applications must be submitted in the prescribed format via email, and incomplete or ineligible applications will be summarily rejected.

With these rules, the Ministry aims to bring transparency, consistency, and professionalism to the selection of legal counsel defending the Union’s interests across the judicial hierarchy.