**Executive Summary**
This document is a notification published in the Tamil Nadu Government Gazette on January 20, 2021, concerning an amendment to Rule 10 of the Madras High Court Designation of Senior Advocates Rules, 2020. The amendment pertains to the withdrawal of designation for Senior Advocates. It was framed by the High Court, Madras, on January 6, 2021.
**Key Points / Main Content**
* **Amendment Context:**
* The amendment is made by the High Court of Judicature at Madras.
* It's done in exercise of powers conferred by Section 34 (1) read with Section 16 (2) of the Advocates Act, 1961.
* It amends Rule 10 of the Madras High Court Designation of Senior Advocates Rules, 2020.
* **Revised Rule 10: Withdrawal of Designation by the Court:**
* The Full Court may review and recall the designation of a Senior Advocate.
* Reasons for review include:
* Being found guilty of professional conduct unbecoming of a Senior Advocate.
* Involvement in any alleged offense involving moral turpitude.
* Being found guilty of contempt of court.
* Being found guilty of misconduct by the Bar Council.
* The Full Court can only do this if it renders the person unworthy to continue as Senior Advocate.
* The principles of natural justice must be followed before recalling the designation.
* The decision to recall the designation must be intimated/notified in the same manner as provided in Rule 8(3) of these Rules.
**Impact Analysis**
**Stakeholder: Madras High Court**
* **Impact:** Has the authority to review and withdraw the designation of Senior Advocates under specific circumstances.
* **Action Required:** Implement the amended Rule 10, adhering to principles of natural justice when considering the withdrawal of a designation.
**Stakeholder: Senior Advocates Designated by Madras High Court**
* **Impact:** Their designation can be reviewed and withdrawn if they are found guilty of certain professional misconduct or offenses.
* **Action Required:** Adhere to the highest standards of professional conduct and ethics to avoid actions that could lead to a review of their designation.
**Stakeholder: Legal Community / Bar Council**
* **Impact:** Increased transparency and accountability in the designation process for Senior Advocates.
* **Action Required:** The Bar Council should continue to maintain the highest standards of conduct among lawyers and cooperate with the High Court in any investigations related to professional misconduct.
Key Entities Referenced
Madras High Court Designation of Senior Advocates Rules, 2020: The primary subject of the amendment; sets the rules for designating senior advocates.
Advocates Act, 1961: Provides the legal basis for the rules and the amendment, specifically Sections 34(1) and 16(2).
High Court of Judicature at Madras: The authority making the amendment to the Madras High Court Designation of Senior Advocates Rules, 2020.
Chennai: Location of the High Court of Judicature at Madras.